IT Security
Technology and concept — privacy and authentication
There has been increasing concern over privacy within Internet
businesses. Juliet Hoskins, Editor of EEMA Briefing, published by the European
Electronic Messaging Association (EEMA), explores this issue and
explains how it differs from anonymity.
Privacy and anonymity
The concept of privacy is at the heart of Internet business,
particularly in the B2C domain, where new users, already uncertain
as to the security of their transactions, and the possibility of
Internet fraud, are now concerned that information they pass to
third parties may be used for purposes it was not originally
intended for. However, there is a common misconception that privacy
means the same as anonymity. It does not. It is true that under
certain circumstances we may wish for anonymity for ourselves, but
we almost always mistrust it for others. Stuart Baker of Steptoe
& Johnson cites several examples: "A signed love letter is
flattering; an anonymous love letter is creepy. Respectable
newspapers rightfully refuse to publish unsigned letters to the
editor. And none of us would want to walk in a city where all the
pedestrians were masked — or drive in a city where none of the cars
had license plates." The concept of privacy is rather to limit your
personal information to those who need to see it, and to be able to
trust that your information will not be passed to unscrupulous third
parties. The debate therefore centres around whether to preserve
anonymity, or to implement strong authentication so that the
information trail can be properly controlled.
Privacy and authentication
The argument is similar to the debate over encryption. Do you try
to limit the deployment of strong encryption in case it gets into
the wrong hands, or do you regulate against the minority of people
who would abuse it? Early in the debate, Baker thought that there
was some good news about government policy: strong authentication
was more important for secure networks than strong encryption — and
there weren’t any governments trying to stop strong authentication.
Nowadays he admits his opinions have changed: many governments
appear to be taking steps to do just that. And attacks on
authentication technologies are a worrying trend.
For example, smart-cards are increasingly being marketed as
authentication and sign-on devices. Although they have not been
targeted directly, the attacks on other authentication technologies
do not augur well. One example is Intel’s new Pentium 3 processor that
contains a processor serial number unique to that chip. The
processor can be set to reveal its serial number in response to an
inquiry from the network and would certainly add to the security of
networks in real ways. Similarly, Microsoft incorporated into its
software a method of identifying each document with a globally
unique identifier (GUID) that incorporates information about the
machine on which the document was produced. The GUID makes it
difficult to generate an anonymous document, at least as far as the
network is concerned. This feature, too, has security value, and has
been used to track the author of the Melissa virus.
Privacy groups attacked the new technology as soon as it was
announced. And governments quickly joined the fray. Only the US
Federal Trade Commission and state attorneys general took a
restrained view, refraining from suing Intel and Microsoft. In
Europe it was a different story: while Europe claims not to regulate
technology, several government agencies conveyed a simple message:
"disable those technologies or face unpleasant government
sanctions."
Double talk
As Baker states: "The privacy community’s attack on these
technologies offers a rich lode for lovers of irony. In the
encryption debate, privacy advocates led the fight against the FBI’s
effort to restrict encryption technology, claiming that
technologists, not government, should determine what technologies
are deployed, particularly if they provided valuable security for
responsible users. The FBI was restricting technology simply because
it might be misused by a minority. Surely it was better to regulate
the misuse than to deny everyone better security."
When it came to authentication, though, these arguments were
reversed. Privacy advocates admitted that the serial number and GUID
may be useful in making network users more accountable and secure,
but they could be misused by unscrupulous Web merchants to track
users through cyberspace. Was the answer to regulate unscrupulous
Web merchants? It was not: privacy advocates would only be satisfied
when these capabilities were removed entirely from the hardware and
software. They want to prevent the deployment of authentication to
preserve anonymity.
But if we do that, we end up trusting important information or
transactions to networks full of anonymous, unaccountable users.
Data is not stored on networks so that it can remain anonymous. When
we talk about privacy, we mean that we want to share it with some
people and not with others. For example, when our personal financial
information is available on a network, we certainly want that
information to be protected by strong authentication so that only we
— and authorised officials — can access it. But if there’s no way to
tell who’s using the network, who’s accessing our data, then we
can’t tell whether or not our privacy expectations have been met.
The campaign to preserve a kind of mandatory anonymity risks
sacrificing many important forms of privacy.
Trust
Data protection is essential for electronic commerce. It is the
measure of trust that makes users feel protected. And the problem of
privacy is not merely national. Increasingly, it becomes apparent
that international law has a long way to go to catch up with the
pace of technological change. At the moment, we are still trying to
map paper-based legislation onto the Internet world. The protection
of data and people’s fundamental right to privacy is now a key
debate, and one that crosses the Atlantic. The position in the US
has been that the issue may be resolved with a self-regulatory
approach; and that is not the view of the European Union, where
privacy and data protection are a matter of legislation.
The EU and the US
This divergence has caused severe problems for anyone wishing to
transmit data from Europe to America. As Dr Andreas Mitrakas,
GlobalSign NV explains: "The EU European Directive 95/46 on the
protection of individuals with regard to the processing of personal
data and on the free movement of such data provides active
protection to users and prohibits the data transmissions to
countries that do not offer the same level of protection as the EU.
Data collected in Europe cannot be transmitted over to the US for
further storage or processing. Talks underway to negotiate a
solution have succeeded so far to provide a settlement on the issues
in question while they have stalled on the notion of the enforcement
of the principles. In Europe, a nationally based Data Protection
Authority ensures the enforcement of the principles of the directive
at a national level."
He cites the recent case of a software company surreptitiously
intercepting user data: "Allegedly, it was discovered that with the
assistance of a packet sniffer, a popular plug-in application
transmitted a unique identifying number — a GUID — along with the
playlist of the currently inserted CD to the producer of a software
program. It was feared that this information was later collected for
marketing purposes without the users’ knowledge."
Digital certificates
An issue of substance may also arise with regard to the personal
data of applicants of digital certificates. To date, much of these
services are offered by European as well as overseas providers —
called certification authorities (CAs) through the World Wide Web
(WWW). According to the EU directive, if personal data is collected
locally in Europe it should remain in Europe as well. This, however,
may not necessarily be the case with providers of security services
that make their products available through the WWW.
Eric Arnum, EEMA Briefing’s US Editor, cites another case of personal data
being passed to third parties: "A well-known advertising banner
company, briefly took its stock off the market earlier this year,
after revealing that the Federal Trade Commission and two state
governments were investigating the company’s data collection
practices. This company controlled the banner ads on some 11,000
Web sites worldwide. When it serves up a banner, it also gives out a
‘cookie’, a small piece of unique code added to a cookie.txt file,
whose subsequent detection signals to the company that they have a
return visitor. The problem is that the company could tell which of
the other 11,000 sites a Web browser had visited. People who don’t
periodically erase their cookie.txt file are providing a detailed
series of data points on how often they visit all those sites. What
a profile it must be!
"Where the advertising banner company crossed the line, however,
was when it acquired a company to help it launch a personalisation
service. The company would collect names, ages, incomes, education,
home location, number and ages of children etc. All this information
would be collected by any of the 1,500 clients of the advertising
banner company who might ask their consumers to fill out surveys or
sweepstake entries, or who might respond to an after-sales
survey.
"What customers might not have known was that they would
effectively be allowing this company to attach a name and an income
to a cookie. They could tell which rich suburban men bought online
porno, and which kids bought the latest ‘N Sync album, and where
their mothers work. A pair of eyes could follow you around, look
where you’ve been for the past few months, and know your
habits."
The four principles
In the US, data protection is largely based on self-regulatory
initiatives which, however, fail to enforce their own rules to
companies that clearly violate their guidelines. In May, following
the opening of hearings on Capitol Hill, the Federal Trade
Commission said that industry self-regulation was not enough. In a
survey of randomly selected Web sites, only 20 percent adhered to
the four principles of notice, consent, access and security:
- Notice: companies must provide clear and conspicuous
notice about what information will be collected, how that
information may be used and to whom they will sell or disclose the
information.
- Consent: consumers will ‘opt in’ before their
personally identifiable information is collected, used or
disclosed. Consumers must be able to opt out when non-personally
identifiable information is collected.
- Access: upon request by a user, companies must provide
reasonable access to personally identifiable data and an
opportunity to correct it.
- Security: companies must protect the security and
confidentiality of information. Notice of breaches in security
must also be provided.
Despite the fact that the industry in the US has failed to
regulate itself in line with the standards set by the FTC, there is
still no clear resolution to the problem in sight.

EEMA — The European Forum for Electronic Business
EEMA is a non-profit organisation, formed in 1987. Its aim is to
bring together and improve the communications between all
participants in Europe who wish to trade and communicate
electronically, and to address industry issues on behalf of its
members through the relevant international and governmental
administrations.
Through its various interest groups (Unified Messaging,
E-Commerce, User Group, Knowledge Management), publications and
conferences, EEMA has been instrumental in co-ordinating and moving
European business towards electronic trading. In 1998, EEMA launched
the European Certification Authority Forum (ECAF) whose main
objective is to steer the European digital certification market to
enable European businesses to compete effectively in the global
online marketplace.
There are currently more than 250 European-level member companies
in over 30 countries.
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For information on EEMA visit http://www.eema.org/
For further information, please contact:
Catherina Rolinson, EEMA Tel: +44 1386 793028 E-mail: catherina.rolinson@eema.org |
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