80 posts categorized "Travel" Feed

CBP Responds To Senator's Query About Border Searches Of Returning Travelers' Devices

This has implications for all U.S. citizens returning to the country from international travel; business or vacation. An important exchange occurred recently between government officials about Fourth Amendment rights and protections, or the lack thereof, for citizens.

Earlier this year, U.S. Senator Ron Wyden (D-Oregon) sent a letter (Adobe PDF) asking the Department of Homeland Security (DHS), the parent agency of U.S. Customs & Border Protection (CBP), about CBP's detaining of citizens returning from international travel, and warrantless demands to access citizens' locked mobile devices. The Senator's letter read in part:

U.S. Department of Homeland Security logo "Dear Secretary Kelly,
I am alarmed by recent media reports of Americans being detained by CBP and pressured to give CBP agents access to their smartphone PIN numbers or otherwise provide access to locked devices. These reports are particularly troubling, particularly in light of your recent comments suggesting that CBP might begin demanding social media passwords from visitors to the United States. With those passwords, CBP may then be able to log into accounts and access data that they would only be able to get from Internet companies with a warrant. Circumventing the normal protections for such private information is simply unacceptable.

There are well-established rules governing how law enforcement agencies may obtain data from social media companies and email providers... In addition to violating the privacy and civil liberties of travelers, these digital dragnet border search practices weaken our national and economic security. Indiscriminate digital searches distract CBP from its core mission and needlessly divert agency resources away from those who truly threaten our nation. Likewise, if businesses fear their data can be seized when employees cross the border, they may reduce non-essential employee international travel, or deploy technical countermeasures..."

Senator Wyden's concerns focus upon the rights of companies and individuals to protect intellectual property, without which many businesses -- large, small, startups, and journalists -- cannot operate. Senator Wyden asked for a response from DHS by March 20, 2017 with answers to five questions (links added):

"1. What legal authority permits CBP to ask for, or demand, as a condition of entry, that a U.S. person disclose their social media or email password?
2. How is CBP use of a traveler's password to gain access to data stored in the cloud consistent with the Computer Fraud And Abuse Act?
3. What legal authority permits CBP to ask for, or demand, as a condition of entry, that a U.S. person turn over their device PIN or password to gain access to encrypted data? How are such demands consistent with the Fifth Amendment?
4. How many times in each calendar year 2012 - 2016 did CBP ask for, or demand, as a condition of entry, that a U.S. person disclose a smartphone or computer password, or otherwise provide access to a locked smartphone or computer? How many times has this occurred since January 20, 2017?
5. How many times in each calendar year 2012, 2013, 2014, 2015,and 2016 did CBP ask for, or demand, as a condition of entry, that a U.S. person disclose a social media or email account password, or otherwise provide CBP personnel access to data stored in an online account? How many times has this occurred since January 20, 2017?"

In April, Senator Wyden, with Senator Rand Paul (R-Kentucky), Representative Jared Polis (D-Colorado), and Representative Blake Farenthold (R-Texas) introduced the Protecting Data at the Border Act (PDBA) to ensure that U.S. citizens are not forced to endure indiscriminate and suspicion-less searches of their phones, laptops and other digital devices when crossing the United State's borders.

U.S. Customs and Border Protection logo On June 20, Kevin McAleenan, the Nominee for CBP Commissioner, responded to Senator's Wyden's letter. NBC News reported:

"U.S. border officers aren't allowed to look at any data stored only in the "cloud" — including social media data — when they search U.S. travelers' phones, Customs and Border Protection acknowledged in a letter obtained Wednesday by NBC News. The letter (PDF), sent in response to inquiries by Sen. Ron Wyden, D-Ore., and verified by Wyden's office, not only states that CBP doesn't search data stored only with remote cloud services, but also — apparently for the first time — declares that it doesn't have that authority in the first place... McAleenan's letter says officers can search a phone without consent and, except in very limited cases, without a warrant or even suspicion — but only for content that is saved directly to the device, like call histories, text messages, contacts, photos and videos... Travelers don't even have to unlock their devices or hand over their passwords when asked — but if they refuse, officers can "detain" the phone, McAleenan wrote."

When your phone or mobile device is detained, that means CBP agents keep it for a time before returning it to you. So, while you may enter the country fairly quickly, your seized device(s) may not. There are notable horror stories about travelers returning to the United States. It doesn't matter if the device is yours or your employer's.

McAleenan's letter did not answer questions #4 and #5 about search activity. Not good. In fact, the letter stated:

"DHS's May 9, 2017 letter stated that CBP did not have data responsive to this request."

Huh? This seems incredulous. Consider this scenario: a CBP agent detains a citizen's device(s) and inspects those devices (with or without the assistance of another federal agency). McAleenan's response would have us believe that the CBP doesn't have data documenting this event. This implies that the CBP either doesn't collect or doesn't maintain records of how its agents account for their time: when, where, why, the duration, which agents inspected, and types of devices inspected; nor when the detained device was ultimately returned to its owner. It also implies that the CBP doesn't have any records (e.g., doesn't know) about when, where, or the amount of data uploaded from detained devices and stored in CBP databases. This seems unbelievable and a huge managerial failure.

During my business career I had to submit and complete data into several online time-tracking systems; which tracked workers' time down to 15 minute intervals. Perhaps, it is appropriate to query the CBP about its time-tracking systems. Some ad hoc queries may yield responsive data.

Moreover, the CBP site contains and displays plenty of statistics about the agency's operations (e.g., staffing, sector performance, etc.) and enforcement (e.g., "inadmissibles," illegal aliens apprehended, arrests of wanted criminals, drug seizures, gang affiliated enforcement, etc.), but nothing about citizens detained for device searches nor the volume of passwords collected.

More about that in a few minutes. So, keep reading.

What to make of this? U.S. citizens have no Fourth Amendment rights when traveling across our borders. Not good. It doesn't matter whether you are law-abiding or not. Not good. Why? How? McAleenan's letter confirmed it:

"While 8 U.S.C. 1357 is an example of CBP's authority to conduct a search in the immigration context, CBP currently operates under a host of additional statutory authorities that more broadly provide that all persons, baggage, and merchandise arriving, or departing from, the United States are subject to search, inspection, and detention. See, e.g., 19 U.S.C. 1461; 1496; 1499. Those statutory Customs authorities are applicable to all travelers entering the United States, regardless of their citizenship.

"On this point, because CBP must determine the admissibility of both the traveler and his or her goods and baggage, even after a returning U.S. citizen has established their identity and U.S. citizenship, CBP may conduct a border search of the goods he or she is seeking to bring into the country to ensure that those goods are permitted to enter. In other words, because any traveler may be carrying an electronic device that contains evidence relating to offenses such as terrorism, illegal smuggling, child pornography, CBP's authority to search such a device at the border does not depend upon the citizenship of the traveler.

In the exceedingly rare instances when CBP seeks to conduct a border search of information in an electronic device -- which affects less than one-hundredth of one percent of travelers arriving to the United States because of a need to inspect that traveler's device. Therefore, although CBP may detain an arriving traveler's electronic device for further examination, in the limited circumstances when that is appropriate, CBP will not prevent a traveler who is confirmed to be a U.S. citizen from entering the country because of a need to conduct that additional examination..."

U.S. international travel statistics for Fiscal year 2016. The U.S. Customs and Border Protection. Click to view larger version Exceedingly rare? Perhaps on a percentage basis. We know from the CBP statistics page:

"CBP officers processed more than 390 million travelers at air, land, and sea ports of entry in FY2016, including more than 119 million travelers at air ports of entry..."

Some simple math using data supplied by the CBP: 0.01 percent X 390 million = 39,000 passengers during 2016 who have had their electronic devices detained and searched for information. Next, multiple that annual total by 10 or more years. The true total fast approaches half a million incidents.

Plus, the detainment and search rate may not be rare at all for frequent travelers. Some jobs require employees to travel frequently to international destinations.

Also, the above statement highlights the CBP approach: all travelers entering the country are presumed to be threats without any supporting data or evidence. No Fourth Amendment protections for U.S. citizens at our borders. Do you find this troubling? I hope that you do. Contact your elected representatives and demand that they support the Protecting Data at the Border Act.

A wise friend once said, "You just can't run away from the Fourth Amendment." I agree. What do you think?


Dozens Of Uber Employees Fired Or Investigated For Harassment. Uber And Lyft Drivers Unaware of Safety Recalls

Uber logo Ride-sharing companies are in the news again and probably not for the reasons their management executives would prefer. First, TechCrunch reported on Thursday:

"... at a staff meeting in San Francisco, Uber executives revealed to the company’s 12,000 employees that 20 of their colleagues had been fired and that 57 are still being probed over harassment, discrimination and inappropriate behavior, following a string of accusations that Uber had created a toxic workplace and allowed complaints to go unaddressed for years. Those complaints had pushed Uber into crisis mode earlier this year. But the calamity may be just beginning... Uber fired senior executive Eric Alexander after it was leaked to Recode that Alexander had obtained the medical records of an Uber passenger in India who was raped in 2014 by her driver."

"Recode also reported that Alexander had shared the woman’s file with Kalanick and his senior vice president, Emil Michael, and that the three men suspected the woman of working with Uber’s regional competitor in India, Ola, to hamper its chances of success there. Uber eventually settled a lawsuit brought by the woman against the company..."

News broke in March, 2017 about both the Recode article and the Grayball activity at Uber to thwart local government code inspections. In February, a former Uber employee shared a disturbing story with allegations of sexual harassment.

Lyft logo Second, the investigative team at WBZ-TV, the local CBS afiliate in Boston, reported that many Uber and Lyft drivers are unaware of safety recalls affecting their vehicles. This could make rides in these cars unsafe for passengers:

"Using an app from Carfax, we quickly checked the license plates of 167 Uber and Lyft cars picking up passengers at Logan Airport over a two day period. Twenty-seven of those had open safety recalls or about 16%. Recalls are issued when a manufacturer identifies a mechanical problem that needs to be fixed for safety reasons. A recent example is the millions of cars that were recalled when it was determined the airbags made by Takata could release shrapnel when deployed in a crash."

Both ride-sharing companies treat drivers as independent contractors. WBZ-TV reported:

"Uber told the [WBZ-TV investigative] Team that drivers are contractors and not employees of the company. A spokesperson said they provide resources to drivers and encourage them to check for recalls and to perform routine maintenance. Drivers are also reminded quarterly to check with NHTSA for recall information."

According to the president of the Massachusetts Bar Association Jeffrey Catalano, the responsibility to make sure the car is safe for passengers lies mainly with the driver. But because Uber and Lyft both advertise their commitment to safety on their websites, they too could be held responsible."


Any Half-Decent Hacker Could Break Into Mar-a-Lago

[Editor's Note: Today's guest blog post is by the reporters at ProPublica. The article explores the security issues about key locations the President visits repeatedly and does business at. It was originally published yesterday, and is reprinted with permission.]

by Jeff Larson and Julia Angwin, ProPublica; and by Surya Mattu, Gizmodo

Two weeks ago, on a sparkling spring morning, we went trawling along Florida's coastal waterway. But not for fish.

We parked a 17-foot motor boat in a lagoon about 800 feet from the back lawn of The Mar-a-Lago Club in Palm Beach and pointed a 2-foot wireless antenna that resembled a potato gun toward the club. Within a minute, we spotted three weakly encrypted Wi-Fi networks. We could have hacked them in less than five minutes, but we refrained.

A few days later, we drove through the grounds of the Trump National Golf Club in Bedminster, New Jersey, with the same antenna and aimed it at the clubhouse. We identified two open Wi-Fi networks that anyone could join without a password. We resisted the temptation.

We have also visited two of President Donald Trump's other family-run retreats, the Trump International Hotel in Washington, D.C., and a golf club in Sterling, Virginia. Our inspections found weak and open Wi-Fi networks, wireless printers without passwords, servers with outdated and vulnerable software, and unencrypted login pages to back-end databases containing sensitive information.

The risks posed by the lax security, experts say, go well beyond simple digital snooping. Sophisticated attackers could take advantage of vulnerabilities in the Wi-Fi networks to take over devices like computers or smart phones and use them to record conversations involving anyone on the premises.

"Those networks all have to be crawling with foreign intruders, not just ProPublica," said Dave Aitel, chief executive officer of Immunity, Inc., a digital security company, when we told him what we found.

Security lapses are not uncommon in the hospitality industry, which -- like most industries and government agencies -- is under increasing attack from hackers. But they are more worrisome in places where the president of the United States, heads of state and public officials regularly visit.

U.S. leaders can ill afford such vulnerabilities. As both the U.S. and French presidential campaigns showed, hackers increasingly exploit weaknesses in internet security systems in an effort to influence elections and policy. Last week, cyberattacks using software stolen from the National Security Agency paralyzed operations in at least a dozen countries, from Britain's National Health Service to Russia's Interior Ministry.

Since the election, Trump has hosted Chinese President Xi Jinping, Japanese Prime Minister Shinzo Abe and British politician Nigel Farage at his properties. The cybersecurity issues we discovered could have allowed those diplomatic discussions -- and other sensitive conversations at the properties -- to be monitored by hackers.

The Trump Organization follows "cybersecurity best practices," said spokeswoman Amanda Miller. "Like virtually every other company these days, we are routinely targeted by cyberterrorists whose only focus is to inflict harm on great American businesses. While we will not comment on specific security measures, we are confident in the steps we have taken to protect our business and safeguard our information. Our teams work diligently to deploy best-in-class firewall and anti-vulnerability platforms with constant 24/7 monitoring."

The White House did not respond to repeated requests for comment.

Trump properties have been hacked before. Last year, the Trump hotel chain paid $50,000 to settle charges brought by the New York attorney general that it had not properly disclosed the loss of more than 70,000 credit card numbers and 302 Social Security numbers. Prosecutors alleged that hotel credit card systems were "the target of a cyber-attack" due to poor security. The company agreed to beef up its security; it's not clear if the vulnerabilities we found violate that agreement. A spokesman for the New York attorney general declined comment.

Our experience also indicates that it's easy to gain physical access to Trump properties, at least when the president is not there. As Politico has previously reported, Trump hotels and clubs are poorly guarded. We drove a car past the front of Mar-a-Lago and parked a boat near its lawn. We drove through the grounds of the Bedminster golf course and into the parking lot of the golf course in Sterling, Virginia. No one questioned us.

Both President Obama and President Bush often vacationed at the more traditional presidential retreat, the military-run Camp David. The computers and networks there and at the White House are run by the Defense Information Systems Agency.

In 2016, the military spent $64 million on maintaining the networks at the White House and Camp David, and more than $2 million on "defense solutions, personnel, techniques, and best practices to defend, detect, and mitigate cyber-based threats" from hacking those networks.

Even after spending millions of dollars on security, the White House admitted in 2015 that it was hacked by Russians. After the hack, the White House replaced all its computer systems, according to a person familiar with the matter. All staffers who work at the White House are told that "there are people who are actively watching what you are doing," said Mikey Dickerson, who ran the U.S. Digital Service in the Obama administration.

By comparison, Mar-a-Lago budgeted $442,931 for security in 2016 -- slightly more than double the $200,000 initiation fee for one new member. The Trump Organization declined to say how much Mar-a-Lago spends specifically on digital security. The club, last reported to have almost 500 members paying annual dues of $14,000 apiece, allotted $1,703,163 for all administration last year, according to documents filed in a lawsuit Trump brought against Palm Beach County in an effort to halt commercial flights from flying over Mar-a-Lago. The lawsuit was dropped, but the FAA now restricts flights over the club when the president is there.

It is not clear whether Trump connects to the insecure networks while at his family's properties. When he travels, the president is provided with portable secure communications equipment. Trump tracked the military strike on a Syrian air base last month from a closed-door situation room at Mar-a-Lago with secure video equipment.

However, Trump has held sensitive meetings in public spaces at his properties. Most famously, in February, he and the Japanese prime minister discussed a North Korean missile test on the Mar-a-Lago patio. Over the course of that weekend in February, the president's Twitter account posted 21 tweets from an Android phone. An analysis by an Android-focused website showed that Trump had used the same make of phone since 2015. That phone is an older model that isn't approved by the NSA for classified use.

Photos of Trump and Abe taken by diners on that occasion prompted four Democratic senators to ask the Government Accountability Office to investigate whether electronic communications were secure at Mar-a-Lago.

In March, the GAO agreed to open an investigation. Chuck Young, a spokesman for the office, said in an interview that the work was in "the early stages," and did not offer an estimate for when the report would be completed.

So, we decided to test the cybersecurity of Trump's favorite hangouts ourselves.

Our first stop was Mar-a-Lago, a Trump country club in Palm Beach, Florida, where the president has spent most weekends since taking office. Driving past the club, we picked up the signal for a Wi-Fi-enabled combination printer and scanner that has been accessible since at least February 2016, according to a public Wi-Fi database.

An open printer may sound innocuous, but it can be used by hackers for everything from capturing all the documents sent to the device to trying to infiltrate the entire network.

To prevent such attacks, the Defense Information Systems Agency, which secures the White House and other military networks, forbids installing printers that anyone can connect to from outside networks. It also warns against using printers that do more than printing, such as faxing. "If an attacker gains network access to one of these devices, a wide range of exploits may be possible," the agency warns in its security guide.

We also were able to detect a misconfigured and unencrypted router, which could potentially provide a gateway for hackers.

To get a better line of sight, we rented a boat and piloted it to within sight of the club. There, we picked up signals from the club's wireless networks, three of which were protected with a weak and outmoded form of encryption known as WEP. In 2005, an FBI agent publicly broke this type of encryption in minutes.

By comparison, the military limits the signal strength of networks at places such as Camp David and the White House so that they are not reachable from a car driving by. It also requires wireless networks to use the strongest available form of encryption.

From our desks in New York, we were also able to determine that the club's website hosts a database with an insecure login page that is not protected by standard internet encryption. Login forms like this are considered a severe security risk, according to the Defense Information Systems Agency.

Without encryption, spies could eavesdrop on the network until a club employee logs in, and then steal his or her username and password. They then could download a database that appears to include sensitive information on the club's members and their families, according to videos posted by the club's software provider.

This is "bad, very bad," said Jeremiah Grossman, chief of Security Strategy for cybersecurity firm SentinelOne, when we described Mar-a-Lago's systems. "I'd assume the data is already stolen and systems compromised."

A few days later, we took our equipment to another Trump club in Bedminster, New Jersey. During the transition, Trump had interviewed candidates for top administration positions there, including James Mattis, now secretary of defense.

We drove on a dirt access road through the middle of the golf course and spotted two open Wi-Fi networks, TrumpMembers and WelcomeToTrumpNationalGolfClub, that did not require a password to join.

Such open networks allow anyone within range to scoop up all unencrypted internet activity taking place there, which could, on insecure sites, include usernames, passwords and emails.

Robert Graham, an Atlanta, Georgia, cybersecurity expert, said that hackers could use the open Wi-Fi to remotely turn on the microphones and cameras of devices connected to the network. "What you're describing is typical hotel security," he said, but "it's pretty concerning" that an attacker could listen to sensitive national security conversations.

Two days after we visited the Bedminster club, Trump arrived for a weekend stay.

Then we visited the Trump International Hotel in Washington, D.C., where Trump often dines with his son-in-law and senior adviser Jared Kushner, whose responsibilities range from Middle East diplomacy to revamping the federal bureaucracy. We surveyed the networks from a Starbucks in the hotel basement.

From there, we could tell there were two Wi-Fi networks at the hotel protected with what's known as a captive portal. These login screens are often used at airports and hotels to ensure that only paying customers can access the network.

However, we gained access to both networks just by typing "457" into the room number field. Because we provided a room number, the system assumed we were guests. We looked up the hotel's public IP address before logging off.

From our desks in New York, we could also tell that the hotel is using a server that is accessible from the public internet. This server is running software that was released almost 13 years ago.

Finally, we visited the Trump National Golf Club in Sterling, Virginia, where the president sometimes plays golf. From the parking lot, we recognized three encrypted wireless networks, an encrypted wireless phone and two printers with open Wi-Fi access.

The Trump club websites are hosted by an Ohio-based company called Clubessential. It offers everything from back-office management and member communications to tee time and room reservations.

In a 2014 presentation, a company sales director warned that the club industry as a whole is "too lax" in managing and protecting passwords. There has been a "rising number of attacks on club websites over the last two years," according to the presentation. Clubessential "performed [an] audit of security in the club industry" and "found thousands of sensitive documents from clubs exposed on [the] Internet," such as "lists of members and staff, and their contact info; board minutes, financial statements, etc."

Still, the club software company has set up a backend server accessible on the internet, and configured its encryption incorrectly. Anyone who reaches the login page is greeted with a warning that the encryption is broken. In its documentation, the company advises club administrators to ignore these warnings and log in regardless. That means that anybody snooping on the unprotected connection could intercept the administrators' passwords and gain access to the entire system.

The company also publishes online, without a password, many of the default settings and usernames for its software 2014 essentially providing a roadmap for intruders.

Clubessential declined comment.

Aitel, the CEO of Immunity, said the problems at Trump properties would be difficult to fix: "Once you are at a low level of security it is hard to develop a secure network system. You basically have to start over."

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for their newsletter.


The Need For A Code Of Ethics With The Internet Of Things

Earlier this week, The Atlantic website published and interview with Francine Berman, a computer-science professor at Rensselaer Polytechnic Institute, about the need for a code of ethics for connected, autonomous devices, commonly referred to as the internet-of-things (IoT). The IoT is exploding.

Experts forecast 8.4 billion connected devices in use worldwide in 2017, up 31 percent from 2016. Total spending for those devices will reach almost $2 trillion in 2017, and $20.4 billion by 2020. North America, Western Europe, and China, which already comprise 67 percent of the installed base, will drive much of this growth.

In a February, 2017 article (Adobe PDF) in the journal Communications of the Association for Computing Machinery, Berman and Vint Cerf, an engineer, discussed the need for a code of ethics:

"Last October, millions of interconnected devices infected with malware mounted a "denial-of-service" cyberattack on Dyn, a company that operates part of the Internet’s directory service. Such attacks require us to up our technical game in Internet security and safety. They also expose the need to frame and enforce social and ethical behavior, privacy, and appropriate use in Internet environments... At present, policy and laws about online privacy and rights to information are challenging to interpret and difficult to enforce. As IoT technologies become more pervasive, personal information will become more valuable to a diverse set of actors that include organizations, individuals, and autonomous systems with the capacity to make decisions about you."

Given this, it seems wise for voters to consider whether or not elected officials in state, local, and federal government understand the issues. Do they understand the issues? If they understand the issues, are they taking appropriate action? If they aren't taking appropriate action, is due to other priorities? Or are different elected officials needed? At the federal level, recent events with broadband privacy indicate a conscious decision to ignore consumers' needs in favor of business.

In their ACM article, Bermand and Cerf posed three relevant questions:

  1. "What are your rights to privacy in the internet-of-things?
  2. Who is accountable for decisions made by autonomous systems?
  3. How do we promote the ethical use of IoT technologies?"

Researchers and technologists have already raised concerns about the ethical dilemmas of self-driving cars. Recent events have also highlighted the issues.

Some background. Last October, a denial-of-service attack against a hosting service based in France utilized a network of more than 152,000 IoT devices, including closed-circuit-television (CCTV) cameras and DVRs. The fatal crash in May of a Tesla Model S car operating in auto-pilot mode and the crash in February of a Google self-driving car raised concerns. According to researchers, 75 percent of all cars shipped globally will have internet connectivity by 2020. Last month, a security expert explained the difficulty with protecting connected cars from hackers.

And after a customer posted a negative review online, a developer of connected garage-door openers disabled both the customer's device and online account. (Service was later restored.) Earlier this year, a smart TV maker paid $2.2 million to settle privacy abuse charges by the U.S. Federal Trade Commission (FTC). Consumers buy and use a wide variety of connected devices: laptops, tablets, smartphones, personal assistants, printers, lighting and temperature controls, televisions, home security systems, fitness bands, smart watches, toys, smart wine bottles, and home appliances (e.g., refrigerators, hot water heaters, coffee makers, crock pots, etc.). Devices with poor security features don't allow operating system and security software updates, don't encrypt key information such as PIN numbers and passwords, and build the software into the firmware where it cannot be upgraded. In January, the FTC filed a lawsuit against a modem/router maker alleging poor security in its products.

Consumers have less control over many IoT devices, such as smart utility meters, which collect information about consumers. Typically, the devices are owned and maintained by utility companies while installed in or on consumers' premises.

Now, back to the interview in The Atlantic. Professor Berman reminded us that society has met the ethical challenge before:

"Think about the Industrial Revolution: The technologies were very compelling—but perhaps the most compelling part were the social differences it created. During the Industrial Revolution, you saw a move to the cities, you saw the first child-labor laws, you saw manufacturing really come to the fore. Things were available that had not been very available before..."

Well, another revolution is upon us. This time, it includes changes brought about by the internet and the IoT. Berman explained today's challenges include considerations:

"... we never even imagined we’d have to think about. A great example: What if self-driving cars have to make bad choices? How do they do that? Where are the ethics? And then who is accountable for the choices that are made by autonomous systems? This needs to be more of a priority, and we need to be thinking about it more broadly. We need to start designing the systems that are going to be able to support social regulation, social policy, and social practice, to bring out the best of the Internet of Things... Think about designing a car. I want to design it so it’s safe, and so that the opportunity to hack my car is minimized. If I design Internet of Things systems that are effective, provide me a lot of opportunities, and are adaptive, but I only worry about really important things like security and privacy and safety afterwards, it’s much less effective than designing them with those things in mind. We can lessen the number of unintended consequences if we start thinking from the design stage and the innovation stage how we’re going to use these technologies. Then, we put into place the corresponding social framework."

Perhaps, most importantly:

"There’s a shared responsibility between innovators, companies, the government, and the individual, to try and create and utilize a framework that assigns responsibility and accountability based on what promotes the public good."

Will we meet the challenge of this revolution? Will innovators, companies, government, and individuals share responsibility? Will we work for the public good or solely for business growth and profitability?

What do you think?


Security Expert Says Protecting Driverless Cars From Hackers Is Hard

Wired Magazine recently interviewed Charlie Miller, an automobile security expert, about the security of driverless cars. You may remember Miller. He and an associated remotely hacked a moving Jeep vehicle in 2015 to demonstrate security vulnerabilities in autos. Miller later worked for Uber, and recently joined Didi.

Wired Magazine reported:

"Autonomous vehicles are at the apex of all the terrible things that can go wrong,” says Miller, who spent years on the NSA’s Tailored Access Operations team of elite hackers before stints at Twitter and Uber. “Cars are already insecure, and you’re adding a bunch of sensors and computers that are controlling them…If a bad guy gets control of that, it’s going to be even worse."

The article highlights the security issues with driverless used by ride-sharing companies. Simply, the driverless taxi or ride-share car is unattended for long periods of time.. That is a huge opportunity for hackers posing as riders to directly access and hack driverless cars:

"There’s going to be someone you don’t necessarily trust sitting in your car for an extended period of time,” says Miller. “The OBD2 port is something that’s pretty easy for a passenger to plug something into and then hop out, and then they have access to your vehicle’s sensitive network."

The article also highlights some of the differences between driverless cars used as personal vehicles versus as ride-sharing (or taxi) cars. In a driverless personal vehicle, the owner -- who is also the inattentive driver -- can regain control after a remote hack and steer/brake to safety. Not so in a driverless ride-sharing car or taxi.

Do you believe that criminals won't try to hack driverless (ride-sharing and taxi) cars? History strongly suggests otherwise. Since consumers love the convenience of pay-at-the-pump in gas stations, criminals have repeatedly installed skimming devices in unattended gas station pumps to steal drivers' debit/credit payment information. No doubt, criminals will want to hack driverless cars to steal riders' payment information.

What are your opinions of the security of driverless cars?


Lawsuit Claims The Uber Mobile App Scams Both Riders And Drivers

Uber logo A class-action lawsuit against Uber claims that the ride-sharing company manipulated its mobile app to simultaneously short-change drivers and over-charge riders. Ars Technica reported:

"When a rider uses Uber's app to hail a ride, the fare the app immediately shows to the passenger is based on a slower and longer route compared to the one displayed to the driver. The software displays a quicker, shorter route for the driver. But the rider pays the higher fee, and the driver's commission is paid from the cheaper, faster route, according to the lawsuit.

"Specifically, the Uber Defendants deliberately manipulated the navigation data used in determining the fare amount paid by its users and the amount reported and paid to its drivers," according to the suit filed in federal court in Los Angeles."

Controversy surrounds Uber after several high-level executive changes, an investigative news report alleging a worldwide program to thwart oversight by local governments, and a key lawsuit challenging the company's technology.


Uber: President Resigns, Greyball, A Major Lawsuit, Corporate Culture, And Lingering Questions

Uber logo Several executive changes are underway at Uber. The President of Uber's Ridesharing unit, Jeff Jones, resigned after only six months at the company. The Recode site posted a statement by Jones:

"Jones also confirmed the departure with a blistering assessment of the company. "It is now clear, however, that the beliefs and approach to leadership that have guided my career are inconsistent with what I saw and experienced at Uber, and I can no longer continue as president of the ride-sharing business," he said in a statement to Recode."

Prior to joining Uber, Jones had been the Chief Marketing Officer (CMO) at Target stores. Travis Kalanick, the Chief Executive Officer at Uber, disclosed that he met Jones at a Ted conference in Vancouver, British Columbia, Canada.

There have been more executive changes at Uber. The company announced on March 7 its search for a Chief Operating Officer (COO). It announced on March 14 the appointment of Zoubin Ghahramani as its new Chief Scientist based San Francisco. Ghahramani will lead Uber’s AI Labs, our recently created machine learning and artificial intelligence research unit and associated business strategy. Zoubin, a Professor of Information Engineering at the University of Cambridge, joined Uber when it acquired Geometric Intelligence.

In February 2017, CEO Travis Kalanick asked Amit Singhal to resign. Singhal, the company's senior vice president of engineering, had joined Uber a month after 15 years at Google. Reportedly, Singhal was let go for failing to disclose reasons for his departure from Google, including sexual harassment allegations.

Given these movements by executives, one might wonder what is happening at Uber. A brief review of the company's history found controversy accompanying its business practices. Earlier this month, an investigative report by The New York Times described a worldwide program by Uber executives to thwart code enforcement inspections by governments:

"The program, involving a tool called Greyball, uses data collected from the Uber app and other techniques to identify and circumvent officials who were trying to clamp down on the ride-hailing service. Uber used these methods to evade the authorities in cities like Boston, Paris and Las Vegas, and in countries like Australia, China and South Korea.

Greyball was part of a program called VTOS, short for “violation of terms of service,” which Uber created to root out people it thought were using or targeting its service improperly. The program, including Greyball, began as early as 2014 and remains in use, predominantly outside the United States. Greyball was approved by Uber’s legal team."

An example of how the program and Greyball work:

"Uber’s use of Greyball was recorded on video in late 2014, when Erich England, a code enforcement inspector in Portland, Ore., tried to hail an Uber car downtown in a sting operation against the company... officers like Mr. England posed as riders, opening the Uber app to hail a car and watching as miniature vehicles on the screen made their way toward the potential fares. But unknown to Mr. England and other authorities, some of the digital cars they saw in the app did not represent actual vehicles. And the Uber drivers they were able to hail also quickly canceled."

The City of Portland sued Uber in December 2014 and issued a Cease And Desist Order. Uber continued operations in the city, and a pilot program in Portland began in April, 2015. Later in 2015, the City of Portland authorized Uber''s operations. In March 2017, Oregon Live reported a pending investigation:

"An Uber spokesman said Friday that the company has not used the Greyball program in Portland since then. Portland Commissioner Dan Saltzman said Monday that the investigation will focus on whether Uber has used Greyball, or any form of it, to obstruct the city's enforcement of its regulations. The review would examine information the companies have already provided the city, and potentially seeking additional data from them... The investigation also will affect Uber's biggest competitor, Lyft, Saltzman said, though Lyft did not operate in Portland until after its business model was legalized, and there's no indication that it similarly screened regulators... Commissioner Nick Fish earlier called for a broader investigation and said the City Council should seek subpoena powers to determine the extent of Uber's "Greyball" usage..."

This raises questions about other locations Uber may have used its Greyball program. The San Francisco District Attorney's office is investigating, as are government officials in Sydney, Australia. Also this month, the Upstate Transportation Association (UTA), a trade group of taxi companies in New York State, asked government officials to investigate. The Albany Times Union reported:

"In a Tuesday letter to Governor Andrew Cuomo, Assembly Speaker Carl Heastie and Senate Majority Leader John Flanagan, UTA President John Tomassi wrote accused the company of possibly having used the Greyball technology in New York to evade authorities in areas where ride-hailing is not allowed. Uber and companies like it are authorized to operate only in New York City, where they are considered black cars. But UTA’s concerns about Greyball are spurred in part by reported pick-ups in some suburban areas."

A look at Uber's operations in Chicago sheds some light on how the company operates. NBC Channel 5 reported in 2014:

"... news that President Barack Obama's former adviser and campaign strategist David Plouffe has joined the company as senior VP of policy and strategy delivers a strong message to its enemies: Uber means business. How dare you disrupt our disruption? You're going down.

Here in the Land of Lincoln, Plouffe's hiring adds another layer of awkward personal politics to the Great Uber Debate. It's an increasingly tangled web: Plouffe worked in the White House alongside Rahm Emanuel when the Chicago mayor was Chief of Staff. Emanuel, trying to strike a balance between Uber-friendly and cabbie-considerate, recently passed a bill that restricts Uber drivers from picking up passengers at O'Hare, Midway and McCormick Place... Further complicating matters, Emanuel's brother, Hollywood super-agent Ari Emanuel, has invested in Uber..."

That debate also included the Illinois Governor, as politicians try to balance the competing needs of traditional taxi companies, ride-sharing companies, and consumers. The entire situation raises questions about why there aren't Greyball investigations by more cities. Is it due to local political interference?

That isn't all. In 2014, Uber's "God View" tool raised concerns about privacy, the company's tracking of its customers, and a questionable corporate culture. At that time, an Uber executive reportedly suggested that the company hire opposition researchers to dig up dirt about its critics in the news media.

Uber's claims in January 2015 of reduced drunk-driving accidents due to its service seemed dubious after scrutiny. ProPublica explained:

"Uber reported that cities using its ridesharing service have seen a reduction in drunk driving accidents, particularly among young people. But when ProPublica data reporter Ryann Grochowski Jones took a hard look at the numbers, she found the company's claim that it had "likely prevented" 1,800 crashes over the past 2.5 years to be lacking... the first red flag was that Uber didn't include a methodology with its report. A methodology is crucial to show how the statistician did the analysis... Uber eventually sent her a copy of the methodology separately, which showed that drunk-driving accidents involving drivers under 30 dropped in California after Uber's launch. The math itself is fine, Grochowski Jones says, but Uber offers no proof that those under 30 and Uber users are actually the same population.

This seems like one of those famous moments in intro statistics courses where we talk about correlation and causality, ProPublica Editor-in-Chief Steve Engelberg says. Grochowski Jones agrees, showcasing how drowning rates are higher in the summer as are ice cream sales but clearly one doesn't cause the other."

Similar claims by Uber about the benefits of "surge pricing" seemed to wilter under scrutiny. ProPublica reported in October, 2015:

"The company has always said the higher prices actually help passengers by encouraging more drivers to get on the road. But computer scientists from Northeastern University have found that higher prices don’t necessarily result in more drivers. Researchers Le Chen, Alan Mislove and Christo Wilson created 43 new Uber accounts and virtually hailed cars over four weeks from fixed points throughout San Francisco and Manhattan. They found that many drivers actually leave surge areas in anticipation of fewer people ordering rides. "What happens during a surge is, it just kills demand," Wilson told ProPublica."

Another surge-pricing study in 2016 concluded with a positive spin:

"... that consumers can benefit from surge pricing. They find this is the case when a market isn’t fully served by traditional taxis when demand is high. In short, if you can’t find a cab on New Year’s Eve, Daniels’ research says you’re better off with surge pricing... surge pricing allows service to expand during peak demand without creating idleness for drivers during normal demand. This means that more peak demand customers get rides, albeit at a higher price. This also means that the price during normal demand settings drops, allowing more customers service at these normal demand times."

In other words, "can benefit" doesn't ensure that riders will benefit. And "allows service to expand" doesn't ensure that service will expand during peak demand periods. "Surge pricing" does ensure higher prices. A better solution might be surge payments to drivers during peak hours to expand services. Uber will still make more money with more rides during peak periods.

The surge-pricing concept is a reminder of basic economics when prices are raised by suppliers. Demand decreases. A lower price should follow, but the surge-price prevents that. As the prior study highlighted, drivers have learned from this: additional drivers don't enter the market to force down the higher surge-price.

And, there is more. In 2015, the State of California Labor Commission ruled that Uber drivers are employees and not independent contractors, as the company claimed. Concerns about safety and criminal background checks have been raised. Last year, BuzzFeed News analyzed ride data from Uber:

"... the company received five claims of rape and “fewer than” 170 claims of sexual assault directly related to an Uber ride as inbound tickets to its customer service database between December 2012 and August 2015. Uber provided these numbers as a rebuttal to screenshots obtained by BuzzFeed News. The images that were provided by a former Uber customer service representative (CSR) to BuzzFeed News, and subsequently confirmed by multiple other parties, show search queries conducted on Uber’s Zendesk customer support platform from December 2012 through August 2015... In one screenshot, a search query for “sexual assault” returns 6,160 Uber customer support tickets. A search for “rape” returns 5,827 individual tickets."

That news item is interesting since it includes several images of video screens from the company's customer support tool. Uber's response:

"The ride-hail giant repeatedly asserted that the high number of queries from the screenshots is overstated, however Uber declined BuzzFeed News’ request to grant direct access to the data, or view its data analysis procedures. When asked for any additional anonymous data on the five rape complaint tickets it claims to have received between December 2012 and August 2015, Uber declined to provide any information."

Context matters about ride safety and corporate culture. A former Uber employee shared a disturbing story with allegations of sexual harassment:

"I joined Uber as a site reliability engineer (SRE) back in November 2015, and it was a great time to join as an engineer... After the first couple of weeks of training, I chose to join the team that worked on my area of expertise, and this is where things started getting weird. On my first official day rotating on the team, my new manager sent me a string of messages over company chat. He was in an open relationship, he said, and his girlfriend was having an easy time finding new partners but he wasn't. He was trying to stay out of trouble at work, he said, but he couldn't help getting in trouble, because he was looking for women to have sex with... Uber was a pretty good-sized company at that time, and I had pretty standard expectations of how they would handle situations like this. I expected that I would report him to HR, they would handle the situation appropriately, and then life would go on - unfortunately, things played out quite a bit differently. When I reported the situation, I was told by both HR and upper management that even though this was clearly sexual harassment and he was propositioning me, it was this man's first offense, and that they wouldn't feel comfortable giving him anything other than a warning and a stern talking-to... I was then told that I had to make a choice: (i) I could either go and find another team and then never have to interact with this man again, or (ii) I could stay on the team, but I would have to understand that he would most likely give me a poor performance review when review time came around, and there was nothing they could do about that. I remarked that this didn't seem like much of a choice..."

Her story seems very credible. Based upon this and other events, some industry watchers question Uber's value should it seek more investors via an initial public offering (IPO):

"Uber has hired two outside law firms to conduct investigations related to the former employee's claims. One will investigate her claims specifically, the other is conducting a broader investigation into Uber's workplace practices...Taken together, the recent reports paint a picture of a company where sexual harassment is tolerated, laws are seen as inconveniences to be circumvented, and a showcase technology effort might be based on stolen secrets. That's all bad for obvious reasons... What will Uber's valuation look like the next time it has to raise money -- or when it attempts to go public?"

To understand the "might be based on stolen secrets" reference, the San Francisco Examiner newspaper explained on March 20:

"In the past few weeks, Uber’s touted self-driving technology has come under both legal and public scrutiny after Alphabet — Google’s parent company — sued Uber over how it obtained its technology. Alphabet alleges that the technology for Otto, a self-driving truck company acquired by Uber last year, was stolen from Alphabet’s own Waymo self-driving technology... Alphabet alleges Otto founder Anthony Levandowski downloaded proprietary data from Alphabet’s self-driving files. In December 2015, Levandowski download 14,000 design files onto a memory card reader and then wiped all the data from the laptop, according to the lawsuit.

The lawsuit also lays out a timeline where Levandowski and Uber were in cahoots with one another before the download operation. Alphabet alleges the two parties were in communications with each other since the summer of 2015, when Levandowski still worked for Waymo. Levandowski left Waymo in January 2016, started Otto the next month and joined Uber in August as vice president of Uber’s self-driving technology after Otto was purchased by Uber for $700 million... This may become the biggest copyright infringement case brought forth in Silicon Valley since Apple v. Microsoft in 1994, when Apple sued Microsoft over the alleged likeness in the latter’s graphic user interface."

And, just this past Saturday Uber suspended its driverless car program in Arizona after a crash. Reportedly, Uber's driverless car programs in Arizona, Pittsburgh and San Francisco are suspended pending the results of the crash investigation.

No doubt, there will be more news about the lawsuit, safety issues, sexual harassment, Greyball, and investigations by local cities. What are your opinions?


Can Customs and Border Officials Search Your Phone? These Are Your Rights

[Editor's note: today's guest post is by the reporters at ProPublica. Past actions by CBP, including the search of a domestic flight, have raised privacy concerns among many citizens. Informed consumers know their privacy rights before traveling. This news article first appeared on March 13 and is reprinted with permission.]

by Patrick G. Lee, ProPublica

A NASA scientist heading home to the U.S. said he was detained in January at a Houston airport, where Customs and Border Protection officers pressured him for access to his work phone and its potentially sensitive contents.

Last month, CBP agents checked the identification of passengers leaving a domestic flight at New York's John F. Kennedy Airport during a search for an immigrant with a deportation order.

And in October, border agents seized phones and other work-related material from a Canadian photojournalist. They blocked him from entering the U.S. after he refused to unlock the phones, citing his obligation to protect his sources.

These and other recent incidents have revived confusion and alarm over what powers border officials actually have and, perhaps more importantly, how to know when they are overstepping their authority.

The unsettling fact is that border officials have long had broad powers -- many people just don't know about them. Border officials, for instance, have search powers that extend 100 air miles inland from any external boundary of the U.S. That means border agents can stop and question people at fixed checkpoints dozens of miles from U.S. borders. They can also pull over motorists whom they suspect of a crime as part of "roving" border patrol operations.

Sowing even more uneasiness, ambiguity around the agency's search powers -- especially over electronic devices -- has persisted for years as courts nationwide address legal challenges raised by travelers, privacy advocates and civil-rights groups.

We've dug out answers about the current state-of-play when it comes to border searches, along with links to more detailed resources.

Doesn't the Fourth Amendment protect us from "unreasonable searches and seizures"?

Yes. The Fourth Amendment to the Constitution articulates the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." However, those protections are lessened when entering the country at international terminals at airports, other ports of entry and subsequently any location that falls within 100 air miles of an external U.S. boundary.

How broad is Customs and Border Protection's search authority?

According to federal statutes, regulations and court decisions, CBP officers have the authority to inspect, without a warrant, any person trying to gain entry into the country and their belongings. CBP can also question individuals about their citizenship or immigration status and ask for documents that prove admissibility into the country.

This blanket authority for warrantless, routine searches at a port of entry ends when CBP decides to undertake a more invasive procedure, such as a body cavity search. For these kinds of actions, the CBP official needs to have some level of suspicion that a particular person is engaged in illicit activity, not simply that the individual is trying to enter the U.S.

Does CBP's search authority cover electronic devices like smartphones and laptops?

Yes. CBP refers to several statutes and regulations in justifying its authority to examine "computers, disks, drives, tapes, mobile phones and other communication devices, cameras, music and other media players, and any other electronic or digital devices."

According to current CBP policy, officials should search electronic devices with a supervisor in the room, when feasible, and also in front of the person being questioned "unless there are national security, law enforcement, or other operational considerations" that take priority. For instance, if allowing a traveler to witness the search would reveal sensitive law enforcement techniques or compromise an investigation, "it may not be appropriate to allow the individual to be aware of or participate in a border search," according to a 2009 privacy impact assessment by the Department of Homeland Security.

CBP says it can conduct these searches "with or without" specific suspicion that the person who possesses the items is involved in a crime.

With a supervisor's sign-off, CBP officers can also seize an electronic device -- or a copy of the information on the device -- "for a brief, reasonable period of time to perform a thorough border search." Such seizures typically shouldn't exceed five days, although officers can apply for extensions in up to one-week increments, according to CBP policy. If a review of the device and its contents does not turn up probable cause for seizing it, CBP says it will destroy the copied information and return the device to its owner.

Can CBP really search my electronic devices without any specific suspicion that I might have committed a crime?

The Supreme Court has not directly ruled on this issue. However, a 2013 decision from the U.S. Court of Appeals for the Ninth Circuit -- one level below the Supreme Court -- provides some guidance on potential limits to CBP's search authority.

In a majority decision, the court affirmed that cursory searches of laptops -- such as having travelers turn their devices on and then examining their contents -- does not require any specific suspicions about the travelers to justify them.

The court, however, raised the bar for a "forensic examination" of the devices, such as using "computer software to analyze a hard drive." For these more powerful, intrusive and comprehensive searches, which could provide access to deleted files and search histories, password-protected information and other private details, border officials must have a "reasonable suspicion" of criminal activity -- not just a hunch.

As it stands, the 2013 appeals court decision legally applies only to the nine Western states in the Ninth Circuit, including California, Arizona, Nevada, Oregon and Washington. It's not clear whether CBP has taken the 2013 decision into account more broadly: The last time the agency publicly updated its policy for searching electronic devices was in 2009. CBP is currently reviewing that policy and there is "no specific timeline" for when an updated version might be announced, according to the agency.

"Laptop computers, iPads and the like are simultaneously offices and personal diaries. They contain the most intimate details of our lives," the court's decision said. "It is little comfort to assume that the government -- for now -- does not have the time or resources to seize and search the millions of devices that accompany the millions of travelers who cross our borders. It is the potential unfettered dragnet effect that is troublesome."

During the 2016 fiscal year, CBP officials conducted 23,877 electronic media searches, a five-fold increase from the previous year. In both the 2015 and 2016 fiscal years, the agency processed more than 380 million arriving travelers.

Am I legally required to disclose the password for my electronic device or social media, if CBP asks for it?

That's still an unsettled question, according to Liza Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice. "Until it becomes clear that it's illegal to do that, they're going to continue to ask," she said.

The Fifth Amendment says that no one shall be made to serve as "a witness against himself" in a criminal case. Lower courts, however, have produced differing decisions on how exactly the Fifth Amendment applies to the disclosure of passwords to electronic devices.

Customs officers have the statutory authority "to demand the assistance of any person in making any arrest, search, or seizure authorized by any law enforced or administered by customs officers, if such assistance may be necessary." That statute has traditionally been invoked by immigration agents to enlist the help of local, state and other federal law enforcement agencies, according to Nathan Wessler, a staff attorney with the ACLU's Speech, Privacy and Technology Project. Whether the statute also compels individuals being interrogated by border officials to divulge their passwords has not been directly addressed by a court, Wessler said.

Even with this legal uncertainty, CBP officials have broad leverage to induce travelers to share password information, especially when someone just wants to catch their flight, get home to family or be allowed to enter the country. "Failure to provide information to assist CBP may result in the detention and/or seizure of the electronic device," according to a statement provided by CBP.

Travelers who refuse to give up passwords could also be detained for longer periods and have their bags searched more intrusively. Foreign visitors could be turned away at the border, and green card holders could be questioned and challenged about their continued legal status.

"People need to think about their own risks when they are deciding what to do. US citizens may be comfortable doing things that non-citizens aren't, because of how CBP may react," Wessler said.

What is some practical advice for protecting my digital information?

Consider which devices you absolutely need to travel with, and which ones you can leave at home. Setting a strong password and encrypting your devices are helpful in protecting your data, but you may still lose access to your devices for undefined periods should border officials decide to seize and examine their contents.

Another option is to leave all of your devices behind and carry a travel-only phone free of most personal information. However, even this approach carries risks. "We also flag the reality that if you go to extreme measures to protect your data at the border, that itself may raise suspicion with border agents," according to Sophia Cope, a staff attorney at the Electronic Frontier Foundation. "It's so hard to tell what a single border agent is going to do."

The EFF has released an updated guide to data protection options here.

Does CBP recognize any exceptions to what it can examine on electronic devices?

If CBP officials want to search legal documents, attorney work product or information protected by attorney-client privilege, they may have to follow "special handling procedures," according to agency policy. If there's suspicion that the information includes evidence of a crime or otherwise relates to "the jurisdiction of CBP," the border official must consult the CBP associate/assistant chief counsel before undertaking the search.

As for medical records and journalists' notes, CBP says its officers will follow relevant federal laws and agency policies in handling them. When asked for more information on these procedures, an agency spokesperson said that CBP has "specific provisions" for dealing with this kind of information, but did not elaborate further. Questions that arise regarding these potentially sensitive materials can be handled by the CBP associate/assistant chief counsel, according to CBP policy. The agency also says that it will protect business or commercial information from "unauthorized disclosure."

Am I entitled to a lawyer if I'm detained for further questioning by CBP?

No. According to a statement provided by CBP, "All international travelers arriving to the U.S. are subject to CBP processing, and travelers bear the burden of proof to establish that they are clearly eligible to enter the United States. Travelers are not entitled to representation during CBP administrative processing, such as primary and secondary inspection."

Even so, some immigration lawyers recommend that travelers carry with them the number for a legal aid hotline or a specific lawyer who will be able to help them, should they get detained for further questioning at a port of entry.

"It is good practice to ask to speak to a lawyer," said Paromita Shah, associate director at the National Immigration Project of the National Lawyers Guild. "We always encourage people to have a number where their attorney can be reached, so they can explain what is happening and their attorney can try to intervene. It's definitely true that they may not be able to get into the actual space, but they can certainly intervene."

Lawyers who fill out this form on behalf of a traveler headed into the United States might be allowed to advocate for that individual, although local practices can vary, according to Shah.

Can I record my interaction with CBP officials?

Individuals on public land are allowed to record and photograph CBP operations so long as their actions do not hinder traffic, according to CBP. However, the agency prohibits recording and photography in locations with special security and privacy concerns, including some parts of international airports and other secure port areas.

Does CBP's power to stop and question people extend beyond the border and ports of entry?

Yes. Federal statutes and regulations empower CBP to conduct warrantless searches for people travelling illegally from another country in any "railway car, aircraft, conveyance, or vehicle" within 100 air miles from "any external boundary" of the country. About two-thirds of the U.S. population live in this zone, including the residents of New York City, Los Angeles, Chicago, Philadelphia and Houston, according to the ACLU.

As a result, CBP currently operates 35 checkpoints, where they can stop and question motorists traveling in the U.S. about their immigration status and make "quick observations of what is in plain view" in the vehicle without a warrant, according to the agency. Even at a checkpoint, however, border officials cannot search a vehicle's contents or its occupants unless they have probable cause of wrongdoing, the agency says. Failing that, CBP officials can ask motorists to allow them to conduct a search, but travelers are not obligated to give consent.

When asked how many people were stopped at CBP checkpoints in recent years, as well as the proportion of those individuals detained for further scrutiny, CBP said they didn't have the data "on hand" but that the number of people referred for secondary questioning was "minimum." At the same time, the agency says that checkpoints "have proven to be highly effective tools in halting the flow of illegal traffic into the United States."

Within 25 miles of any external boundary, CBP has the additional patrol power to enter onto private land, not including dwellings, without a warrant.

Where can CBP set up checkpoints?

CBP chooses checkpoint locations within the 100-mile zone that help "maximize border enforcement while minimizing effects on legitimate traffic," the agency says.

At airports that fall within the 100-mile zone, CBP can also set up checkpoints next to airport security to screen domestic passengers who are trying to board their flights, according to Chris Rickerd, a policy counsel at the ACLU's National Political Advocacy Department.

"When you fly out of an airport in the southwestern border, say McAllen, Brownsville or El Paso, you have Border Patrol standing beside TSA when they're doing the checks for security. They ask you the same questions as when you're at a checkpoint. 'Are you a US citizen?' They're essentially doing a brief immigration inquiry in the airport because it's part of the 100-mile zone," Rickerd said. "I haven't seen this at the northern border."

Can CBP do anything outside of the 100-mile zone?

Yes. Many of CBP's law enforcement and patrol activities, such as questioning individuals, collecting evidence and making arrests, are not subject to the 100-mile rule, the agency says. For instance, the geographical limit does not apply to stops in which border agents pull a vehicle over as part of a "roving patrol" and not a fixed checkpoint, according to Rickerd of the ACLU. In these scenarios, border agents need reasonable suspicion that an immigration violation or crime has occurred to justify the stop, Rickerd said. For stops outside the 100-mile zone, CBP agents must have probable cause of wrongdoing, the agency said.

The ACLU has sued the government multiple times for data on roving patrol and checkpoint stops. Based on an analysis of records released in response to one of those lawsuits, the ACLU found that CBP officials in Arizona failed "to record any stops that do not lead to an arrest, even when the stop results in a lengthy detention, search, and/or property damage."

The lack of detailed and easily accessible data poses a challenge to those seeking to hold CBP accountable to its duties.

"On the one hand, we fight so hard for reasonable suspicion to actually exist rather than just the whim of an officer to stop someone, but on the other hand, it's not a standard with a lot of teeth," Rickerd said. "The courts would scrutinize it to see if there's anything impermissible about what's going on. But if we don't have data, how do you figure that out?"

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Advocacy Groups And Legal Experts Denounce DHS Proposal Requiring Travelers To Disclose Social Media Credentials

U.S. Department of Homeland Security logo Several dozen human rights organizations, civil liberties advocates, and legal experts published an open letter on February 21,2017 condemning a proposal by the U.S. Department of Homeland Security to require the social media credentials (e.g., usernames and passwords) of all travelers from majority-Muslim countries. This letter was sent after testimony before Congress by Homeland Security Secretary John Kelly. NBC News reported on February 8:

"Homeland Security Secretary John Kelly told Congress on Tuesday the measure was one of several being considered to vet refugees and visa applicants from seven Muslim-majority countries. "We want to get on their social media, with passwords: What do you do, what do you say?" he told the House Homeland Security Committee. "If they don't want to cooperate then you don't come in."

His comments came the same day judges heard arguments over President Donald Trump's executive order temporarily barring entry to most refugees and travelers from Syria, Iraq, Iran, Somalia, Sudan, Libya and Yemen. Kelly, a Trump appointee, stressed that asking for people's passwords was just one of "the things that we're thinking about" and that none of the suggestions were concrete."

The letter, available at the Center For Democracy & Technology (CDT) website, stated in part (bold emphasis added):

"The undersigned coalition of human rights and civil liberties organizations, trade associations, and experts in security, technology, and the law expresses deep concern about the comments made by Secretary John Kelly at the House Homeland Security Committee hearing on February 7th, 2017, suggesting the Department of Homeland Security could require non-citizens to provide the passwords to their social media accounts as a condition of entering the country.

We recognize the important role that DHS plays in protecting the United States’ borders and the challenges it faces in keeping the U.S. safe, but demanding passwords or other account credentials without cause will fail to increase the security of U.S. citizens and is a direct assault on fundamental rights.

This proposal would enable border officials to invade people’s privacy by examining years of private emails, texts, and messages. It would expose travelers and everyone in their social networks, including potentially millions of U.S. citizens, to excessive, unjustified scrutiny. And it would discourage people from using online services or taking their devices with them while traveling, and would discourage travel for business, tourism, and journalism."

The letter was signed by about 75 organizations and individuals, including the American Civil Liberties Union, the American Library Association, the American Society of Journalists & Authors, the American Society of News Editors, Americans for Immigrant Justice, the Brennan Center for Justice at NYU School of Law, Electronic Frontier Foundation, Human Rights Watch, Immigrant Legal Resource Center, National Hispanic Media Coalition, Public Citizen, Reporters Without Borders, the World Privacy Forum, and many more.

The letter is also available here (Adobe PDF).


Travelers Face Privacy Issues When Crossing Borders

If you travel for business, pleasure, or both then today's blog post will probably interest you. Wired Magazine reported:

"In the weeks since President Trump’s executive order ratcheted up the vetting of travelers from majority Muslim countries, or even people with Muslim-sounding names, passengers have experienced what appears from limited data to be a “spike” in cases of their devices being seized by customs officials. American Civil Liberties Union attorney Nathan Wessler says the group has heard scattered reports of customs agents demanding passwords to those devices, and even social media accounts."

Devices include smartphones, laptops, and tablets. Many consumers realize that relinquishing passwords to social networking sites (e.g., Facebook, Instagram, etc.) discloses sensitive information not just about themselves, but also all of their friends, family, classmates, neighbors, and coworkers -- anyone they are connected with online. The "Bring Your Own Device" policies by many companies and employers means that employees (and contractors) can use their personal devices in the workplace and/or connected remotely to company networks. Those connected devices can easily divulge company trade secrets and other sensitive information when seized by Customs and Border Patrol (CBP) agents for analysis and data collection.

Plus, professionals such as attorneys and consultants are required to protect their clients' sensitive information. These professionals, who also must travel, require data security and privacy for business.

Wired also reported:

"In fact, US Customs and Border Protection has long considered US borders and airports a kind of loophole in the Constitution’s Fourth Amendment protections, one that allows them wide latitude to detain travelers and search their devices. For years, they’ve used that opportunity to hold border-crossers on the slightest suspicion, and demand access to their computers and phones with little formal cause or oversight.

Even citizens are far from immune. CBP detainees from journalists to filmmakers to security researchers have all had their devices taken out of their hands by agents."

For travelers wanting privacy, what are the options? Remain at home? This may not be an option for workers who must travel for business. Leave your devices at home? Again, impractical for many. The Wired article provided several suggestions, including:

"If customs officials do take your devices, don’t make their intrusion easy. Encrypt your hard drive with tools like BitLocker, TrueCrypt, or Apple’s Filevault, and choose a strong passphrase. On your phone—preferably an iPhone, given Apple’s track record of foiling federal cracking—set a strong PIN and disable Siri from the lockscreen by switching off “Access When Locked” under the Siri menu in Settings.

Remember also to turn your devices off before entering customs: Hard drive encryption tools only offer full protection when a computer is fully powered down. If you use TouchID, your iPhone is safest when it’s turned off, too..."

What are the consequences when travelers refuse to disclose passwords and encrpt devices? Ars Technica also explored the issues:

"... Ars spoke with several legal experts, and contacted CBP itself (which did not provide anything beyond previously-published policies). The short answer is: your device probably will be seized (or "detained" in CBP parlance), and you might be kept in physical detention—although no one seems to be sure exactly for how long.

An unnamed CBP spokesman told The New York Times on Tuesday that such electronic searches are extremely rare: he said that 4,444 cellphones and 320 other electronic devices were inspected in 2015, or 0.0012 percent of the 383 million arrivals (presuming that all those people had one device)... The most recent public document to date on this topic appears to be an August 2009 Department of Homeland Security paper entitled "Privacy Impact Assessment for the Border Searches of Electronic Devices." That document states that "For CBP, the detention of devices ordinarily should not exceed five (5) days, unless extenuating circumstances exist." The policy also states that CBP or Immigration and Customs Enforcement "may demand technical assistance, including translation or decryption," citing a federal law, 19 US Code Section 507."

The Electronic Frontier Foundation (EFF) collects stories from travelers who've been detained and had their devices seized. Clearly, we will hear a lot more in the future about these privacy issues. What are your opinions of this?


Driver's Licenses For 9 States Won't Be Valid ID For Domestic Flights In 2018

Residents in nine states wanting to travel domestically via commercial airlines may need to obtain alternative identification documents. Why? While new identification requirements will become effective in 2018, starting in 2017 federal agencies may no longer accept driver's licenses from these nine states.

On December 12, the Department of Homeland Security (DHS) announcement explained:

"The Transportation Security Administration (TSA) will begin posting signs at airports this week notifying travelers that beginning January 2018 it will start enforcing REAL ID requirements at airport security checkpoints, meaning that travelers seeking to use their state-issued driver’s license or identification card for boarding commercial aircraft may only use such documents if they are issued by a REAL ID compliant state or a non-compliant state with an extension."

The U.S. Congress passed the REAL ID Act in 2005 to establish minimum security standards for state-issued driver’s licenses and identification cards. The Act prohibits federal agencies, including the TSA, from accepting licenses and identification cards for certain official purposes (e.g., boarding federally regulated commercial aircraft) from states that do not meet these minimum standards and have not received an extension for compliance from DHS.

If the nine states change their procedures, then the government may grant each state an extension or approval, as warranted. The nine states which did not receive extensions for 2016 or 2017 are Kentucky, Maine, Minnesota, Missouri, Montana, Oklahoma, Pennsylvania, South Carolina, and Washington. So, starting January 30, 2017 federal agencies and nuclear power plants may not accept driver's licenses and state IDs from these nine states for identification. Federal officials may continue to accept Enhanced Driver’s Licenses from Minnesota and Washington.

See the DHS site for the compliance status for all states and territories. See the TSAa.gov site for a complete list of identification documents accepted at TSA checkpoints. Below are the notices you may see while traveling through airports.

Generic TSA notice about changing ID requirements

TSA notice for noncompliant states about changing ID requirements


Some Android Phones Infected With Surveillance Malware Installed In Firmware

Security analysts recently discovered surveillance malware in some inexpensive smartphones that run the Android operating system (OS) software. The malware secretly transmits information about the device owner and usage to servers in China. The surveillance malware was installed in the phones' firmware. The New York Times reported:

"... you can get a smartphone with a high-definition display, fast data service and, according to security contractors, a secret feature: a backdoor that sends all your text messages to China every 72 hours. Security contractors recently discovered pre-installed software in some Android phones... International customers and users of disposable or prepaid phones are the people most affected by the software... The Chinese company that wrote the software, Shanghai Adups Technology Company, says its code runs on more than 700 million phones, cars and other smart devices. One American phone manufacturer, BLU Products, said that 120,000 of its phones had been affected and that it had updated the software to eliminate the feature."

Shanghai ADUPS Technology Company (ADUPS) is privately owned and based in Shanghai, China. According to Bloomberg, ADUPS:

"... provides professional Firmware Over-The-Air (FOTA) update services. The company offers a cloud-based service, which includes cloud hosts and CDN service, as well as allows manufacturers to update all their device models. It serves smart device manufacturers, mobile operators, and semiconductor vendors worldwide."

Firmware is a special type of software store in read-only memory (ROM) chips that operates a device, including how it controls, monitors, and manipulates data within a device. Kryptowire, a security firm, discovered the malware. The Kryptowire report identified:

"... several models of Android mobile devices that contained firmware that collected sensitive personal data about their users and transmitted this sensitive data to third-party servers without disclosure or the users' consent. These devices were available through major US-based online retailers (Amazon, BestBuy, for example)... These devices actively transmitted user and device information including the full-body of text messages, contact lists, call history with full telephone numbers, unique device identifiers including the International Mobile Subscriber Identity (IMSI) and the International Mobile Equipment Identity (IMEI). The firmware could target specific users and text messages matching remotely defined keywords. The firmware also collected and transmitted information about the use of applications installed on the monitored device, bypassed the Android permission model, executed remote commands with escalated (system) privileges, and was able to remotely reprogram the devices.

The firmware that shipped with the mobile devices and subsequent updates allowed for the remote installation of applications without the users' consent and, in some versions of the software, the transmission of fine-grained device location information... Our findings are based on both code and network analysis of the firmware. The user and device information was collected automatically and transmitted periodically without the users' consent or knowledge. The collected information was encrypted with multiple layers of encryption and then transmitted over secure web protocols to a server located in Shanghai. This software and behavior bypasses the detection of mobile anti-virus tools because they assume that software that ships with the device is not malware and thus, it is white-listed."

So, the malware was powerful, sophisticated, and impossible for consumers to detect.

This incident provides several reminders. First, there were efforts earlier this year by the U.S. Federal Bureau of Investigation (FBI) to force Apple to build "back doors" into its phones for law enforcement. Reportedly, it is unclear what specific law enforcement or intelligence services utilized the data streams produced by the surveillance malware. It is probably wise to assume that the Ministry of State Security, China's intelligence agency, had or has access to data streams.

Second, the incident highlights supply chain concerns raised in 2015 about computer products manufactured in China. Third, the incident indicates how easily consumers' privacy can be compromised by data breaches during a product's supply chain: manufacturing, assembly, transport, and retail sale.

Fourth, the incident highlights Android phone security issues raised earlier this year. We know from prior reports that manufacturers and wireless carriers don't provide OS updates for all Android phones. Fifth, the incident highlights the need for automakers and software developers to ensure the security of both connected cars and driverless cars.

Sixth, the incident raises questions about how and what, if anything, President Elect Donald J. Trump and his incoming administration will do about this trade issue with China. The Trump-Pence campaign site stated about trade with China:

"5. Instruct the Treasury Secretary to label China a currency manipulator.

6. Instruct the U.S. Trade Representative to bring trade cases against China, both in this country and at the WTO. China's unfair subsidy behavior is prohibited by the terms of its entrance to the WTO.

7. Use every lawful presidential power to remedy trade disputes if China does not stop its illegal activities, including its theft of American trade secrets - including the application of tariffs consistent with Section 201 and 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962..."

This incident places consumers in a difficult spot. According to the New York Times:

"Because Adups has not published a list of affected phones, it is not clear how users can determine whether their phones are vulnerable. “People who have some technical skills could,” Mr. Karygiannis, the Kryptowire vice president, said. “But the average consumer? No.” Ms. Lim [an attorney that represents Adups] said she did not know how customers could determine whether they were affected."

Until these supply-chain security issues get resolved it is probably wise for consumers to inquire before purchase where their Android phone was made. There are plenty of customer service sites for existing Android phone owners to determine the country their device was made in. Example: Samsung phone info.

Should consumers avoid buying Android phones made in China or Android phones with firmware made in China? That's a decision only you can make for yourself. Me? When I changed wireless carriers in July, I switched an inexpensive Android phone I'd bought several years ago to an Apple iPhone.

What are your thoughts about the surveillance malware? Would you buy an Android phone?


Connected Cars: 4 Tips For Drivers To Stay Safe Online

With the increasing dominance of the Internet of Things (IoT), connected cars are becoming more ubiquitous than ever. We’ve long heard warnings from the media about staying safe online, but few consumers consider data hacks and other security compromises while driving a car connected to the internet.

According to the inforgraphic below from Arxan, an app protection company, 75 percent of all cars shipped globally will have internet connectivity by 2020, and current connected cars have more than 100 million lines of code. Connected features are designed to improve safety, fuel efficiency, and overall convenience. These features range from Bluetooth, WiFi, cellular network connections, keyless entry systems, to deeper “cyberphysical” features like automated braking, and parking and lane assist.

More Features Means More Vulnerability
However, with this increasing connectivity comes risks from malicious hacking. Today, connected cars have many attack points malicious hackers can exploit, including the OBD2 port used to connect third-party devices, and the software running on infotainment systems.

According to Arxan, some of the more vulnerable attack points are mobile apps that unlock vehicles and start a vehicle remotely, diagnostic devices, and insurance dongles, including the ones insurance companies give to monitor and reward safe drivers. These plug into the OBD2 port, but hackers could essentially access any embedded system in the car after lifting cryptographic keys, as the Arxan page on application protection for connected cars describes.

Vulnerabilities are usually demonstrated in conferences like Black Hat. Example: in 2010, researchers at the University of Washington and the University of California San Diego hacked a car that had a variety of wireless capabilities. The vulnerable attack points they targeted included its Bluetooth, the cellular radio, an Android app on the owner’s phone that was connected to the car’s network, and an audio file burned onto a CD in the car’s stereo. In 2013, hackers Charlie Miller and Chris Valasek hijacked the steering and brake systems of both a Ford Escape and Toyota Prius with only their laptops.

How To Protect Yourself
According to the FBI and Department of Transportation in a public service announcement, it’s crucial that consumers following the following recommendations to best protect themselves:

  1. Keep your vehicle’s software up to date
  2. Stay aware of recalls that require manual security patches to your car’s code
  3. Avoid unauthorized changes to your car’s software
  4. Use caution when plugging insecure devices into the car’s ports and network

With the latest remote hack of a Tesla Model S, it seems that the response time between finding out about a breach and issuing a patch to correct it is thankfully getting shorter. As more automakers become tech-oriented like Tesla, they will also need to cooperate with OEMs to make sure the operating-system software in their vehicles is designed securely. It seems, this will take time, coordination with vendors, and money to bring these operations in house.

Arxan connected vehicles infographic

What do you do to protect your Internet-connected vehicle? What security tools and features would you prefer automakers and security vendors provide?


Potential Security Issues Regarding the Internet of Things

Header potential IoT device security issues

[Editor's Note: today's blog post is by guest author Cassie Phillips, a technology blogger who developed a special interest in cybersecurity after her webcam was hacked. While she’s interested to see how the Internet of Things changes how we use technology, she is very concerned about all the risks it poses.]

By Cassie Phillips

Many people and organizations have raised concerns about the potential risks related to the Internet of Things (IoT). It turns out that they were right to be concerned. Last month the France-based hosting provider, OVH, fell victim to an enormous distributed denial-of-service (DDoS) attack on the Minecraft servers that OVH was hosting.

DDoS attacks are attempts to make a resource (usually a website) inaccessible to its users through an inundation of requests, aiming to overburden the system. In the past, DDoS attacks were carried out by computers, with or without their owner’s consent. Hot Hardware reported:

“OVH was the victim of a wide-scale DDoS attack that was carried via a network of over 152,000 IoT devices… Of those IoT devices participating in the DDoS attack, they were primarily comprised of CCTV cameras and DVRs.”

Before the attack on OVH, there was another DDoS attack on prominent internet security researcher Brian Krebs’ website. This attack was also carried out by IoT devices. Akamai Technologies Inc., a provider of security services worldwide for major companies, cut ties with Mr. Krebs because the DDoS attack on Krebs’ website was enormous. Josh Shaul, Akamai’s vice president, said it was the worst DDoS attack the company had ever seen.

These broad attacks prove that the IoT does pose a significant security risk. And DDoS attacks are by no means the only security risks that the IoT presents. Let’s look at what the IoT is, the risks it presents and, most importantly, how to ensure that any IoT devices you use are secure.

What Is the Internet of Things?
The IoT is the idea that any device can be designed to be able to connect to the internet and other devices. These devices include mobile phones, washing machines, refrigerators, coffee makers, televisions, home thermostats, motion sensors, headphones, Barbie dolls and baby monitors. There is no limit except the imagination.

There are even buildings, cars, and health-related implants (such as pacemakers) that can connect to the internet and to each other. All of these devices can exchange information and collect data, creating a huge pool of information and an enormous network.

What Risks Does the Internet of Things Pose?
As mentioned above, the IoT poses a few risks and concerns. There are four key risks associated with the IoT, with the first being reliability. IoT devices are not necessarily reliable. While this may not be a crisis if the device in question is a refrigerator, it is deadly if devices such as cars fail or are hacked.

The second major risk related to the IoT is privacy. Each device in a network of the IoT can collect and share data. As consumers, we don’t always know who gets this data and what it is used for. The data will almost certainly be used to track consumers’ behavior, allowing companies to target each consumer with tailor-made advertising. While this data probably won’t always be used for nefarious purposes, it can be used in a way that violates our right to privacy. According to Buzzfeed:

“ "We were sleeping in bed, and basically heard some music coming from the nursery, but then when we went into the room the music turned off,” said the anonymous mother. They tracked the IP address that had accessed their camera and discovered a website with “thousands and thousands of pictures of cameras just like their own.” Anyone could use the site to access hacked cameras and monitors located in at least 15 different countries."

This leads to the third major risk associated with the IoT, namely security. Again, each of the IoT devices collects and transmits data. If these devices are hacked, criminals will have access to vast amounts of consumers' private information. Depending on the device, criminals can learn our routines, find out what valuables we keep in our homes, gain access to information about any security measures we use, and even collect sensitive information such as financial payment information.

Another security risk is the potential for hacking medical devices and implants. According to a report by research and advisory firm, Forrester, ransomware in medical devices is the single biggest cybersecurity threat for this year. Security researchers have already managed to hack into hospitals’ networks, pacemakers and other medical devices. This will put people’s lives at risk.

The potential for cyberattacks is the fourth major risk associated with the IoT. Because all these devices are connected, they have the potential to spread malware across homes and entire companies. However, the greatest risk lies in criminals’ ability to use our IoT devices in massive cyberattacks, such as the DDoS attack on OVH. Widespread vulnerabilities are only a few missteps away, and that is a seriously concerning fact.

How to Protect Yourself When Using IoT Devices
Given the risks listed above, it’s vital that consumers learn to protect our devices, our homes, and ourselves. The following actions are all essential to your security when using IoT devices:

  • Carefully consider how much connectivity you need in your home and life. Then try to avoid any devices that unnecessarily connect to the internet. After all, you can always opt for a coffeemaker with a timer instead of one that connects to a mobile app on your phone.
  • If you do decide to buy an IoT device, be sure to find one with the best security features possible.
  • Read all the terms and conditions and privacy policies for any IoT device you intend to purchase. This will help you understand what data the device collects and what it does with the data.
  • When you buy an IoT device, change its default password immediately. This also applies to any IoT devices that you already own. Be sure to use strong passwords and manage them effectively.
  • Always keep the software on IoT devices up to date. Updates often contain essential bug fixes and security patches.
  • If your IoT device supports security software, install it. Don’t forget that your mobile phone and tablet count as IoT devices!
  • Use a reputable Virtual Private Network, such as one recommended by Secure Thoughts.
  • If your IoT device allows it, use encryption technology.
  • Switch off and unplug any IoT devices when you are not using them.
  • If your IoT device uses location data unnecessarily, turn it off if possible.
  • If your IoT device has a camera or monitor that you don’t think it needs, block the lens.

Conclusion
While it would be best if security features were built into the design of IoT devices, that’s not always the case. So it’s crucial that you implement the security ideas discussed above. Hopefully, we’ll start seeing a move toward creating an international standard for all IoT devices in the future.

Have you had any bad experiences with IoT devices? How do you think the technology is progressing? Share your thoughts in the comments section below.


German Regulators Ask Tesla To Stop Advertising 'Autopilot' Term

Government regulators have asked the automaker Tesla to stop using the term "autopilot" for its driver-assist feature. Deutsche Welle (DW) reported that a letter:

"... published in the newspaper "Bild am Sonntag," called on Tesla to take urgent action "in order to prevent misunderstandings and false expectations from clients." The KBA transport regulator said the term "autopilot" was misleading, and called for it to be removed in future advertisements for Tesla products. The self-driving feature has been available on the California-based automaker's Model S since October 2015."

The Autopilot feature manages the car's speed, steers within a lane, changes lanes (when the driver taps a turn signal), scan for a parking space, and parallel parks on command. Officials in Germany are still conducting an investigation into the car's capabilities.

After the fatal crash in May of a Tesla Model S car operating beta-version software for its Autopilot feature, Tesla engineers said in August the problem was with the car's brakes and not its Autopilot feature.

DW also reported:

"... the German transport regulator wrote to Tesla owners warning them that the autopilot function was purely to assist the driver and did not turn the car into a highly-automated vehicle. The feature still required the driver's unrestricted attention at all times, the letter said. Under German road traffic regulations, the driver is required to remain alert and in control of the vehicle at all times when using the system, the letter added."

The Los Angeles Times reported:

"Tesla Chief Executive Elon Musk has repeatedly said he’s sticking with the name, and the company responded to the German report as it does every time the subject comes up: The term “autopilot” has a long history in aerospace, where human pilots and autopilot systems work together to fly a plane."


Department of Transportation Bans All Galaxy Note7 Phones From Airplanes

Image of Samsung Galaxy Note7 smartphone. Click to view larger version The U.S. Department of Transportation (DOT) has banned all Samsung Galaxy Note7 smartphones from airplanes. The DOT announced the ban along with the Federal Aviation Administration (FAA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA). The ban became effective on Saturday, October 15, 2016 at Noon EDT.

The ban resulted from both the permanent stoppage of sales of the phone by Samsung, and the recall of the phone. The DOT announcement also stated:

"The Samsung Galaxy Note7 device is considered a forbidden hazardous material under the Federal Hazardous Material Regulations (HMR; 49 CFR Parts 171-185), which forbid airline passengers or crew from traveling with lithium cells or batteries or portable electronic devices that are likely to generate a dangerous evolution of heat. PHMSA has issued a special permit to Samsung to facilitate commercial shipment of the recalled devices by ground transportation."

The ban includes flights within the United States, and flights to/from the United States from other countries. Travelers cannot board planes with the phones, nor pack the phones in their carry-on luggage, nor pack the phones in their checked luggage. Passengers attempting to board planes with these phones will be denied boarding. Passengers attempting to avoid detection by packing these phones in their checked luggage will be subject to criminal prosecution.

The DOT advised passengers already traveling with Samsung Galaxy Note7 phones to immediately contact either Samsung or their wireless provider to obtain replacement phones. The DOT announcement also stated:

"If a flight crew member identifies that a passenger is in possession of a Samsung Galaxy Note7 device while the aircraft is in flight, the crew member must instruct the passenger to power off the device, not use or charge the device while aboard the aircraft, protect the device from accidental activation, including disabling any features that may turn on the device, such as alarm clocks, and keep the device on their person and not in the overhead compartment, seat back pocket, nor in any carry-on baggage, for the duration of the flight."

The ban also applies to U.S. Postal Mail shipments, so Galaxy Note7 owners returning their devices for replacements should arrange for ground deliveries. While the warnings to Galaxy Note7 owners seems clear, some confusion has still resulted. Both Samsung and wireless providers seem unprepared to handle phone replacements given the ban. Gizmodo reported:

"We asked our readers how [the ban] was working out around the globe and from the replies we’ve received, it’s safe to say that, so far, this sucks..."

Excerpts of horror stories from Gizmodo readers:

"At the security checkpoint as a husband/partner was saying goodbye to his wife/partner, she gave her phone to him because she thought she couldn’t take it on the plane. It was a Galaxy S5 or S6, I couldn’t really tell, but definitely not a Note. So lots of confusion."

"I have been in Asia for a few weeks and head back to the US early tomorrow. I called AT&T and Samsung (on several occasions) inquiring about what to do with my phone now that there is a ban. Yesterday [10/16/16] when I called, AT&T sent me over to Samsung (and after a long hold time) I was told by a rep that I could smuggle the phone back in a sock! When I suggested that wasn’t a good idea and that I wouldn’t do that, he said someone from management would contact me. It’s been more than 24 hours and I haven’t heard from them..."

"So I flew from California to Israel for vacation a week ago, kept my Note 7 powered down in my pocket while on United Airlines on the way. I plan to fly back to California later this week — but now what? There’s no way I can think of to get my phone from Israel to my home in California. I can’t bring it aboard the plane since it’s completely banned now, powered down or not, and apparently it’s also illegal now to ship it by cargo plane. If I can’t get it home, how am I going to turn it in for a rebate or for a new phone? And if I can’t bring it back with me, how do I safely trash it here in Israel?"

You can read more horror stories at the Gizmodo site. If you have a Galaxy Note7 phone, what was your experience while flying? What was your experience getting a replacement phone?


Exploding Phones And Washing Machines. It's Been A Rough Time For Samsung

Image of Samsung Galaxy Note7 smartphone. Click to view larger version It has been a busy and rough few months at Samsung, after the consumer electronics company introduced the Galaxy Note7 smartphone on August 19. Soon afterwards, reports surfaced of a phone catching fire while charging, exploding phones in separate incidents which burned down a garage and a car, and another exploding phone which caused $1,380 in damage to a hotel room.

On September 2, Samsung Electronics America, Inc. (SEA) announced an exchange program in the United States "regarding isolated battery cell issues" with the phone. The exchange program allowed current Galaxy Note7 users to get a new Galaxy Note7 phone, or a Galaxy S7 Edge. Customers were offered a $25 gift card or bill credit from select carrier retail outlets. Also on September 2, SEA announced the results of an investigation with 35 cases reported worldwide of problems with the phone's battery.

Headquartered in Ridgefield Park, N.J., SEA is a wholly owned subsidiary of Samsung Electronics Co. Limited. The retailer also stopped sales of the device on September 2. On September 8, three Australian airlines banned passengers from using or charging Samsung Galaxy Note7 smartphones during flights. Reportedly Qantas, Jetstar, and Virgin Australia all issued the voluntary bans without orders from aviation regulators. The airlines did it as a precaution.

The U.S. Federal Aviation Administration (FAA) issued this warning on September 8:

"In light of recent incidents and concerns raised by Samsung about its Galaxy Note7 devices, the Federal Aviation Administration strongly advises passengers not to turn on or charge these devices on board aircraft and not to stow them in any checked baggage."

On September 9, SEA announced that it worked jointly with the Consumer Product Safety Commission (CPSC) in the United States to implement a "voluntary corrective plan" to recall all Galaxy Note7 phones sold from August 2015 through September 15, 2016. 2.5 million devices had been sold by that time.

While this is Samsung's largest recall, it is not the largest recall ever. The New York Times reported:

"While the recall of the Galaxy Note7 is Samsung’s largest voluntary recall, it is not the biggest on record. In 2007, Nokia announced a recall of 46 million cellphone batteries. In 2006, Dell recalled 4.1 million lithium-ion batteries for notebook computers."

On September 15, SEA announced approval by the CSPC of its corrective plan and product recall. On September 20, SEA announced a firmware update and the availability of 500,000 new Galaxy Note7 replacement devices in the United States. The firmware update:

"The software updates are being delivered in partnership with Carriers and will display a green battery icon on the status bar found on the top right hand of the screen. The green icon indicates that consumers have a new Galaxy Note7 with an unaffected battery.

Samsung and the U.S. CPSC have and continue to urge all consumers of Note7s sold prior to September 15 to power down their device. For those not heeding that advice or are still not aware of the recall notice, a software update will be pushed to all recalled devices. Once installed, users will be prompted with a safety notice that urges owners to power down and exchange their recalled device. The notice will appear every time a user powers up or charges their device."

This meant users who bought their phones before September 15 shouldn't use them they have received a replacement device through the exchange program. Earlier this week, Southwest Airlines evacuated an airplane after a passenger's Samsung Galaxy Note7 phone began popping and smoking. USA Today reported:

"The incident brings more damage to Samsung’s reputation and calls into question the very future of the Note7 itself, a phone that was highly regarded when it first hit the market in late August, before reports began to surface about batteries that caught fire. Making matters worse, the device was apparently one of the replacement handsets that the South Korean company had previously deemed “safe.” Now it appears that the issue is far from settled. The CSPC, the federal agency overseeing the U.S. recall of the Note 7, late Wednesday said it is investigating the Southwest flight incident..."

So, the replacement batteries, replacement phones, and firmware updates may not have fixed the battery problem. Given the continuing bad news, some customers may want refunds instead of replacement phones. It is unclear of Samsung will provide refunds to customers who don't want replacement devices.

Sadly, there was more bad news about Samsung products. ABC News reported on September 28:

"The U.S. Consumer Product Safety Commission (CPSC) has issued a warning about certain top-loading Samsung washing machines after reports that some exploded, ABC News has learned exclusively. The agency said it is working with Samsung on a remedy to fix the issue, which apparently affects some units made from March 2011 to April 2016..."

One affected consumer was in Dallas, Georgia and another was in Holly Springs, North Carolina. Reportedly, there have been 21 cases of exploding Samsung top-loading clothes washing machines. You can see photos of the damaged products at the ABC News website. Also, SEA announced on September 28:

"We are in active discussions with the CPSC to address potential safety issues related to certain top-load washing machines manufactured between March 2011 and April 2016. In rare cases, affected units may experience abnormal vibrations that could pose a risk of personal injury or property damage when washing bedding, bulky or water-resistant items. Samsung is recommending that consumers with affected models use the lower speed delicate cycle when washing bedding, bulky or water-resistant materials. There have been no reported incidents when using this cycle."

Now, I am not suggesting the two incidents are related. Both products probably were designed by separate engineering and development teams, and built at separate manufacturing facilities. My main points: it's been a rough time at Samsung as consumers have been inconvenienced, and in some instances placed in danger. Plus, the apparent fix seems ineffective. Will the brand recover? Can it recover?

Do you believe the battery problems are fixed with the Galaxy Note7 phones? Would you travel on an airplane where other passengers carried Samsung galaxy Note7 phones? If you purchased one of the affected products, what has been your experience? Are you satisfied with the corrective and replacement program?


Viking River Cruises Ship Collides With Bridge Killing 2 Crew Members

View of the top deck of Viking ship with the wheelhouse in the up position. Click to view larger version Earlier this week, Viking River Cruises announced that one of its ships struck a bridge Sunday while sailing the Rhine-Main-Danube Canal in Germany:

"Viking Freya experienced an accident in Erlangen, Germany early Sunday morning. Viking Freya’s wheelhouse collided with the bridge in Erlangen. Two crew members of the ship were in the wheelhouse and died as a result of injuries sustained during the collision. No other crew members or guests were injured, and all guests have been transported to local hotels..."

View of lowered handrails and partially lowered wheelhouse on a Viking ship. Click to view larger version The above photo (click to view larger version) shows the top deck of another Viking ship with the wheelhouse in the "up" position. For low bridge clearances, the wheel house lowers inside the ship. Also, the crew lowers all railings on the top deck, and passengers are prohibited from that area. The photo on the left shows lowered handrails and a partially lowered wheelhouse.

The Metro UK reported (with photos) that the ship struck the bridge about 1:30 AM. The two crew members killed were from Hungary. None of the 181 passengers were injured. All passengers and 49 crew members were transferred to local hotels. Passengers were able to board another Viking ship in Passau, Germany to continue their journey to Budapest. While the Viking Freya is out of service for repairs, the Viking Bestia ship will substitute for future 2016 sailings.

During my Viking cruise in September 2014 from Amsterdam to Budapest, I noticed that there wasn't much clearance under some bridges; perhaps 5 to 7 feet between the top deck and the bottom of several bridges. See the photo below.

View of low clearance between a Viking ship and a bridge. Click to view larger version Clearly, something went awfully wrong on the Freya. This was terrible, sad news.


Proposed Legislation in Michigan For Driverless Cars

The Stanford Center For Internet & Society (CIS) analyzed several draft driverless-car bills under consideration by legislators in Michigan. The analysis highlighted the issues and inconsistencies by the proposed legislation. First, the good news. While SB 995 repeals existing laws that ban driverless cars, it:

"... would return Michigan law to flexible ambiguity on the question of the legality of automated driving in general. The bill probably goes even further by expressly authorizing automated driving: It provides that "[a]n automated motor vehicle may be operated on a street or highway on this state," and the summary of the bill as reported from committee similarly concludes that SB 995 would "[a]llow an automated motor vehicle to be operated on a street or highway in Michigan." (This provision is somewhat confusing because it would be added to an existing statutory section that currently addresses only research and testing and because it would seem to subvert many restrictions on research tests and "on-demand automated motor vehicle networks.") Regardless, this bill would also exempt groups of closely spaced and tightly coordinated vehicles from certain following-distance requirements that are incompatible with platooning."

Platooning is a method for several driverless vehicles to operate together on highways with less space in between, than otherwise. Advocates claim this maximizes the capacity of highways. What does this mean for safety? Do consumers want platooning? Can drivers opt out? If platooning is allowed, then the driverless vehicle you ultimately buy must be outfitted with that software feature.

The drawbacks of the draft legislation:

"... The currently proposed language could mean that automated driving is lawful only in the context of research and development and "on-demand motor vehicle networks." Or it could mean that automated driving is lawful generally and that these networks are subject to more restrictive requirements. It could mean that any company could run a driverless taxi service, including motor vehicle manufacturers that might otherwise face unrelated and unspecified legal impediments. Or it could mean that a company seeking to run a driverless taxi service must partner with a motor vehicle manufacturer -- or that such a company must at least purchase production vehicles, the modification of which might then be restricted by SB 927 and 928 (see below). It could also mean that municipalities could regulate and tax only those driverless taxi services that do not involve a manufacturer..."

And:

"... SB 995 and 996 understandably struggle to reconcile an existing vehicle code with automated driving. Under existing Michigan law, a "driver" is "every person who drives or is in actual physical control of a vehicle," an "operator" is "a person, other than a chauffeur, who "[o]perates" either "a motor vehicle" or "an automated motor vehicle," and "operate" means either "[b]eing in actual physical control of a vehicle" or "[c]ausing an automated motor vehicle to move under its own power in automatic mode," which "includes engaging the automated technology of that automated motor vehicle for that purpose." The new bills would not change this language, but they would further complicate these concepts in several ways..."

I encourage you to read the long list of complications in the CIS analysis. Another key issue:

"Consider the provision that "an automated driving system ... shall be considered the driver or operator ... for purposes of determining conformance to any applicable traffic or motor vehicle laws." This provision says nothing about who or what the driver is for purposes of determining liability for a violation of those laws, particularly when there is no crash. SB 996 does provide that "a motor vehicle manufacturer shall assume liability for each incident in which the automated driving system is at fault," subject to the state's existing insurance code..."

The proposed legislation is important for several reasons. Besides platooning and the list of complications, it decides: a) which types of companies can operate driverless-car networks, b) who is liable and under what conditions, and c) who can repair driverless cars. All items affect consumers rights. A narrow definition of "A" (e.g., only automakers) would mean fewer competitors, and probably higher prices due to a lack of competition. Similarly, a narrow definition of "C" could mean fewer options and choices for consumers, with higher repair prices. Liability must be clear for instances when a driverless vehicle violates road laws; and especially when there is a crash and/or fatality.

Consistency and clarity matter, too. The final legislation and definitions also should be forward-thinking. It's not just driverless vehicles but also remotely-operated vehicles. Companies want remotely-operated ships on the oceans, and remotely-operated trucks are already used off-road for mining purposes. It seems wise to anticipate that off-road use will probably migrate to roads and highways.

Clearly, the proposed legislation in Michigan is not ready yet for prime time. This topic definitely bears monitoring.


Royal Caribbean's Allure Of The Seas: Built For Families

Recently, my family and I sailed on Royal Caribbean cruise line's Allure of the Seas mega-ship from Fort Lauderdale, Florida to destinations in the Caribbean: St, Kitts, St. Thomas (USVI), and Nassau, Bahamas. This was our 26th cruise, so my wife and I have sailed on a variety of cruise lines and ships to many places around the planet. For this 7-night sailing, our daughter, son-in-law, grandchildren (ages 10 and 8), and in-laws joined us.

Our travel agent had arranged TSA Pre-Check boarding for our JetBlue flights, which made travel stress-free and easier. If you travel frequently, the fees for TSA Pre-Check are a no-brainer. We arrived in Fort Lauderdale three days before the ship's departure. We usually arrive early so any flight delays (due to weather or equipment) don't cause us to miss the cruise ship's departure. Experienced travelers know that if you miss the ship's departure, it is the passenger's responsibility (and cost) to catch up with the ship in the next port.

Early arrival in Florida also provided plenty of time to relax poolside at the hotel, explore the departure city, and sample several nearby restaurants. The Crowne Plaza Fort lauderdale Airport/Cruise featured comfortable beds, spacious rooms, and a large, relaxing pool. The main draw for us was the shuttles provided by the hotel both from the airport and to the cruise port.

The boarding process at Port Everglades, the cruise terminal in Fort Lauderdale, was well-organized and easy. We checked our luggage with the porters, and waited for our daughter and her family. When they arrived, we all entered the check-in line, passed through security, and boarded the ship. Our stateroom was ready, so we left our carry-on bags there and explored the ship. We booked an inside stateroom for this sailing, since we expected to spend very little time thee. On prior sailings we've booked outside staterooms (with a larger window) or staterooms with balconies.

The Allure OTS is a mega-ship in the truest definition. At 222,282 tons, it was the largest cruise ship for six years until Royal Caribbean's Harmony of the Seas debuted in May, 2016. Our sailing on July 24 included 6,464 passengers, of which about 1,700 were children under the age of 16. It offers 25 different dining options with a crew of 2,384. Besides the standard dining rooms, the ship offers the Chops Grille American steakhouse, Sabor Taqueria and Tequila Bar, Izumi Hibachi and Sushi, Giovanni's Table Italian restaurant, Starbucks, and a Johnny Rockets hamburger shop.

Royal Promenade. Allure of the Seas. Click to view larger version The ship includes seven "neighborhoods" or areas. Situated indoors and length-wise the cruise ship, the Royal Promenade (Deck 5) features several retail stores, art gallery, a Champagne bar, restaurants, nightclubs with live music, duty-free stores, comedy club, karaoke bar, and the customer service desk. You'll often see children posing for photos with characters from "Shrek," "Madagascar," and other animation films produced by DreamWorks Animation.

View of Carousel. Allure of the Seas. July 2016. Click to view larger version The outdoor Boardwalk (Deck 6), modeled after Coney Island amusement area in New York City, features several retail shops, ice cream and pizza, casual-dining options, a merry-go-round, and the AquaTheatre. I've never seen a merry-go-round on a cruise ship before, and I doubt you have either.

The Pool & Sports Zone (Deck 15) features the H20 Zone water park, several swimming pools, several hot-tubs that easily seat 14 persons each, plenty of deck space with umbrellas to enjoy the sun, several bars for adult refreshments, and guest services to get beach towels. Beach towels are free, but the cruise line will charge you if you don't return it. Also on Deck 15 is the full-size basketball court, miniature golf course, two Flow-Rider surf simulators, and an 82-foot long Zip Line. Lessons are available for the surf simulators.

View of Central Park. Allure of the Seas. July 2016. Click to view larger version Outfitted with 60 trees and about 12,000 plants, the Central Park (Deck 8) is an outdoor park with recorded birds chirping, upscale dining options, shady spots to relax at, and access to the Rising Tide bar. Like an elevator, this bar for adults moves between decks 5 and 8 on a daily schedule. I've never seen a park before on a cruise ship. It is definitely a must-see neighborhood. Since I practice Tai Chi, I asked if there were classes on board. A crew member replied that a group practiced in Central Park at 6:00 am. I thanked her for the tip, and didn't join that group. I was on vacation and rising early was not a priority.

The Vitality Sea Spa & Fitness Center (Deck 6); far larger than fitness centers on other cruise ships, covered two decks and featured plenty of treadmills and exercise equipment. Like other cruise ships, passengers can get their hair done in the salon for formal dinner nights, or experience a a relaxing massage (e.g., full-body,, detox, hot stone, bamboo, etc.) in the spa. There is easy access from the fitness center to the Jogging Track (2.4 laps = 1 mile). You can run, jog, or walk comfortably out of the wind and in the shade.

Flow Rider. Allure of the Seas. Click to view larger version A large portion of the ship is dedicated to children and families. This includes activities in the Adventure Ocean day-camp program, the H2O Zone water park, two 43-foot high rock-climbing walls, two Flow-Rider surf simulators, an 82-foot long Zip Line, the merry-go-round, a 3-D movie theater, a miniature golf course, a full-sized basketball court, an ice-skating rink with shows and open skating, and video arcade. The day camp program provides parents with plenty of opportunities for "couple's time."

For adults, there are several nightclubs with adult entertainment, the Solarium and Solarium Bar (decks 15 and 16), the Casino Royale (Deck 4), and numerous upscale dining options. The Allure Of the Seas truly offers plenty of activities for everyone. If you try to do it all, then you'll probably need a vacation to recover from your cruise vacation.

Rock Climbing Wall. Allure of the Seas. Click to view larger version The Allure of the Seas was refurbished in May, 2015. Several shops, public areas, and the WiFI were upgraded. Royal Caribbean's investment showed. My Internet connection was consistently very fast throughout the entire voyage; unlike other ships. If you seek quiet places on the ship (without music, noise or recorded birds chirping), there are several, including the Card Room (Deck 14), Library (Deck 11), and the Solarium (Decks 15 and 16). If you seek a place away from children, the Solarium is a good choice.

Like other Royal Caribbean cruise ships, the next day's activities are listed in the daily Cruise Compass newsletter, delivered each evening to your stateroom. This newsletter is a handy tool. It also lists discounts and sales in the on-board retail stores, hours of operation of the restaurants and dining options, movies in the cinemas, and the live entertainment daily in the theaters and nightclubs.

Royal Caribbean encourages passengers to make your reservations for dining, shows, and nightclub music performances before you sail. This is one of several new trends in cruise vacations. Many people like it. I don't. It used to be that you could arrive early for any show and walk right in. Now, walk-ins must wait until all guests with reservations are seated first. For me, this mandatory reservations system removes the spontaneity and freedom of deciding what to do based upon how you feel at that moment.

H2O Zone water park. Allure of the Seas. Click to view larger version Overall, I give the Allure of the Seas excellent marks. The ride was very smooth, and most of the time you didn't know you were at sea on a cruise ship. The ship's layout and venues are well organized, and the crew is very professional. Most of the time, I did not realize I was on a ship with 6,464 passengers. About the only time the ship felt crowded was in the Promenade. When the Promenade was crowded, it looked and felt like any land-based shopping mall between Thanksgiving and Christmas holidays. I like to go on cruises to get away from land-based attractions, not replicate them.

If you have sailed on the Allure of the Seas, what was your experience? Which neighborhood on the ship was your favorite?