Tag Archive for: Cyber

Huawei and Telefunken: Communications enterprises and rising power strategies

This Strategic Insight, examines Huawei through a historical lens. It identifies strong parallels between the industrial policy adopted by Germany in the early twentieth century to cultivate a ‘national champion’ in communications – Telefunken – and the Chinese party-state’s support for Huawei since its formation in 1987.

It demonstrates that Huawei and Telefunken both benefitted from guaranteed government orders for their hardware, protected domestic markets, long-term backing from national financial institutions, and diplomatic support for overseas expansion. These policies increased the firm’s competitiveness on the world market, facilitating the development of national capacity in advanced communications. The development of capacity in communications brings strategic benefits for a rising power – allowing it to escape dependence on the outside world for vital infrastructure, build capabilities with potential military applications, and build geostrategic influence in key regions.

Agenda for change – 2019

In 2018, many commentators pronounced the rules-based global order to be out for the count. This presents serious challenges for a country such as Australia, which has been an active contributor and clear beneficiary of that order. The government that we elect in 2019’s federal election will be faced with difficult strategic policy choices unlike any we’ve confronted in the past 50 years.

This volume contains 30 short essays that cover a vast range of subjects, from the big geostrategic challenges of our times, through to defence strategy; border, cyber and human security; and key emergent technologies.

The essays provide busy policymakers with policy recommendations to navigate this new world, including proposals that ‘break the rules’ of traditional policy settings. Each of the essays is easily readable in one sitting—but their insightful and ambitious policy recommendations may take a little longer to digest.

Previous Agenda for change publications are also available here: 2016 and 2013.

Launch Event

Huawei and Australia’s 5G Network

Over the course of 2018, ASPI staff and writers for The Strategist participated in a dynamic public debate about the participation of Chinese telecommunications equipment manufacturer Huawei in Australia’s 5G network.

Australia’s 5G network is critical national infrastructure and this was one of the most important policy decisions the government had to make this year.

ASPI felt it was vital to stimulate and lead a frank and robust public discussion, in Australia and throughout the wider region, which analysed and debated the national security, cybersecurity and international implications of Huawei’s involvement in this infrastructure.

In this report, in chronological order, you’ll read a range of views written up in The Strategist, The Australian and The Financial Times.

These articles tackle a variety of issues surrounding the decision, including the cybersecurity dimension, the broader Australia–China relationship, other states’ experiences with Huawei, the Chinese Government’s approach to cyber espionage and intellectual property theft and, importantly, the Chinese party-state’s view of state security and intelligence work.

When it comes to important national security, cybersecurity and critical infrastructure decisions, ASPI will continue to stimulate Australian public discourse and fill gaps in global debates.

We also encourage the Australian Government to take a more forward-leaning approach to its participation in public discourse so that the public and key stakeholders are as informed as possible when hard and complicated policy decisions like this need to be made.

Sydney Recommendations – Practical Futures for Cyber Confidence Building in the ASEAN region

In the lead-up to the ASEAN–Australia Special Summit, ASPI’s International Cyber Policy Centre launched an initiative with partners across the region to develop the Sydney
Recommendations on Practical Futures for Cyber Confidence Building in the ASEAN region.

These recommendations build on the extensive work undertaken by the think-tank community in the region starting in the early 2010s.

Cyber Maturity in the Asia Pacific Region 2017

The Cyber Maturity in the Asia–Pacific Region report is the flagship annual publication of the ASPI International Cyber Policy Centre.

This report assesses the national approach of Asia–Pacific countries to the challenges and opportunities of cyberspace, taking a holistic approach that assesses governance and legislation, law enforcement, military capacity and policy involvement, and business and social engagement in cyber policy and security issues.

The 2017 report is the fourth annual cyber maturity report. It covers 25 countries and includes assessment of Taiwan and Vanuatu for the first time.

The United States continues its leadership of the country rankings and although the transition to the Trump administration caused a pause while cyber policy was reviewed, the US military is recognising the importance of cyber capability and elevating US Cyber Command to a unified combatant command to give it increased independence and broader authorities.

Australia has moved up in our rankings from fourth to equal second on the back of continued investment in governance reform and implementation of the 2016 Cyber Security Strategy. Australia’s first International Cyber Engagement Strategy was released and the 2017 Independent Intelligence review made a number of recommendations that strengthen Australia’s cyber security posture – this includes broadening the Australian Cyber Security Centre’s (ACSC) mandate as a national cyber security authority and clarifying ministerial responsibility for cyber security and the ACSC,.

Japan (equal second with Australia), Singapore, and South Korea round out a very close top five countries. All countries in this leading group have improved their overall cyber maturity although very tight margins have seen some change in rankings: Australian and Japan moving up to equal second and Singapore and South Korea dropping to fourth and fifth.

Taiwan and Vanuatu both made strong initial entries into the Cyber Maturity Report. Taiwan ranked ninth, just behind China, hampered by difficulties with international engagement, while Vanuatu came seventeenth, best of the Pacific islands.

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Securing Democracy in the Digital Age

The proliferation of cyberspace and rise of social media have enriched and strengthened the application of democratic governance.

Technological developments have expedited the international flow of information, improved freedom of speech in many areas of the world, and increased the quality of interaction, accountability and service delivery from democratic governments to their citizens. But these benefits must be balanced against a longstanding vulnerability of democracy to manipulation that cyberspace has enhanced in both scope and scale.

The 2016 US presidential election demonstrated the increasingly complex cyber and information environment in which democracies are operating. Using US case study illustrations, this report offers a conceptual framework by which to understand how cybersecurity and information security techniques can be used to compromise a modern-day election.

The report places this case study in its historical context and outlines emerging approaches to this new normal of election interference before identifying associated policy considerations for democracies.

Cyber norms & the Australian private sector

Across the world, there are conflicting ideas about how to manage the dynamic environment of cyberspace. States have the liberty of implementing legislation for the domestic regulation of cyberspace, but disagreements arise over national visions for the management of cyberspace internationally. Many have looked to norms to fill this breach, as their flexibility to adapt to changing technology and are attractive for the management of cyberspace and its broader stakeholder group. For this reason, norms, alongside international law have emerged as the preeminent means to establish what is acceptable behaviour in global cyberspace.

As owners and operators of a large amount of the world’s internet infrastructure and expertise, private sector bodies are some of the best placed organisations to speak authoritatively on the operation of cyberspace, and are therefore critical to the successful implementation of norms. However the private sector has largely been absent from the discussions shaping the creation of these international norms. To gain a deeper understanding of private sector perspectives on cyber norms, ASPI conducted a workshop and survey series with experts from some of Australia’s largest and most influential private sector organisations. Through this discussion and workshop series it was established that key Australian private sector organisations both understand and are interested in the formation of cyber norms. The resulting report documents the key takeaways from this research, highlighting central private sector insights on how cyber norms should be shaped to enable economic prosperity and broader wellbeing of the interconnected online ecosystem.

Cyber maturity in the Asia-Pacific region 2016

The 2016 Cyber Maturity report is the culmination of 12 months’ research by the ASPI International Cyber Policy Centre. The report assesses the approach of 23 regional countries to the challenges and opportunities that cyberspace presents, in terms of their governance structure, legislation, law enforcement, military, business and social engagement with cyber policy and security issues.

The 2016 report includes an assessment of three new countries, Bangladesh, Pakistan and the Solomon Islands. It also features, for the first time, separate data points on fixed line and mobile connectivity to better reflect the growth of mobile-based internet access across the region, its role in facilitating increased connectivity and opening new digital markets.  

Turning to the country rankings, coming in at top of the table for the third year running is the United States. In 2016 the United States continued to further refine its national policy approach to cyber issues, with President Obama’s National Security Action Plan and 30-day Cybersecurity Sprint, and the passing of the Cybersecurity Act. South Korea, Japan, Australia and Singapore round out the top five.

South Korea and Japan have swapped positions in second and third place, and Australia has leapfrogged Singapore into fourth place, recovering after dropping to fifth place in 2015. Australia’s improved position reflects the changes taking place as part of the implementation of the new Australian Cyber Security Strategy.

This includes the appointment of Australia’s first ministerial level cyber position (Minister Assisting the Prime Minister The Hon. Dan Tehan) and a new coordinator within the Department of the Prime Minister and Cabinet for government for cyber issues (Alastair MacGibbon).

Cyberspace and armed forces: the rationale for offensive cyber capabilities

Aserious approach to military modernisation requires countries to equip, train, and organise cyberforces for what has become an essential component of national defence and deterrence. A force without adequate cyber capabilities is more dangerous to itself than to its opponents. As nations move forward in rethinking the role and nature of their military forces, and as they study the problems of organisation, doctrine and use of cyber operations, they need to:

  • develop the full range of military cyber capabilities with both offensive and defensive application
  • create a centralised command structure for those capabilities, with clear requirements for political-level approval for action
  • embed those capabilities in doctrine and a legal framework based on international law.

Cyber maturity in the Asia-Pacific Region 2015

The second edition of the International Cyber Policy Centre’s annual Cyber Maturity in the Asia Pacific is the culmination of 12 months research and analysis delving into the cyber maturity of 20 countries within our region. It is a usable, quick-reference resource for those in government, business, academia, and the wider cyber community who are looking to make considered, evidence-based cyber policy judgements in the Asia-Pacific. It provides a depth of information and analysis that  builds a deeper understanding of regional countries’ whole of nation approach to cyber policy, crime, and security issues, and identifies potential opportunities for engagement. 

This years’ maturity metric contains five new countries and integrates a stand-alone assessment category on cybercrime enforcement. This new cybercrime category joins continuing assessments of whole-of-government policy and legislative structures, military organisation, international engagement and CERT team maturity in addition to business and digital economic strength and levels of cyber social awareness. This information is distilled into an accessible format, using metrics to provide a snapshot by which government, business, and the public alike can garner an understanding of the cyber profile of regional actors.

Tag Archive for: Cyber

Introducing integrated e-government in Australia

During the initial wave of digital-transformation efforts, Australia developed an international reputation as an early leader. That peaked in around 1999.

While the different tiers of government (local, state and federal) and individual agencies have developed some impressive e-government platforms, a joined-up approach to e-government has so far remained elusive.

In a policy brief released today by ASPI’s International Cyber Policy Centre co-written with Estonia’s eGovernance Academy—the world leader in this field—we argue that it’s time for Australia to develop an integrated approach to e-government that joins up all services from all three levels of government. In Estonia, where e-government is something of a national passion, officials estimate that efficiencies derived from e-government reforms lift annual GDP by 2%.

The efficiency gains also make life easier for people and businesses. We’re all familiar with examples of government services that have been made things easier for us—whether it’s not having to go to a physical office to renew a driver’s licence or the ease of having your tax return populated automatically by the Tax Office. But there’s still plenty of clunkiness around. If you move from one state to another, you hit a bureaucratic brick wall. If you update your address details with your local council, the federal government agencies you deal with have no idea. Myriad other small efficiencies that would cumulatively save a huge amount of time are there to be made.

Some of the infrastructure needed for integrated e-government is already in place.

Two key enablers are mechanisms for digital identification and digital signatures.

Australia Post has already built an operational digital identity scheme known as Digital iD, and the government is trialling a second scheme known as Govpass. A separate ICPC policy brief has identified issues that need addressing in both these schemes, but the challenges are not insurmountable and digital identity remains essential for a 21st-century economy and integrated e-government.

Digital signatures are a little further off. The Electronic Transactions Act 1999 went some way towards introducing digital signatures in Australia, but we still lack a unique and hard-to-forge identifier that can be checked by the recipient. This is certainly on the radar of officials in Canberra but remains a work in progress.

The establishment of the Australian Digital Council, which met for the first time in September, is another useful piece of architecture. It is working to drive better federal and state government coordination on digital initiatives and could be a platform to begin discussions on full integration across all three levels of government.

There is no one-size-fits-all approach to integrated e-government, but there are some good principles that can be drawn from experiences abroad. One is the value of a decentralised approach, which was the route taken in Estonia. Facilitating secure data exchanges and interoperability between different government agencies doesn’t require the creation of a single database (a so-called superdatabase) that consolidates all the data from multiple databases. In fact, doing that poses serious security risks. A decentralised approach enables different databases and IT solutions in the different levels of government to ‘talk’ to each other securely and solves the problem of how to integrate the myriad government databases and systems that already exist.

Ensuring public trust is another, and here there’s obviously a bit of work to be done. When scheme after scheme falls over or the ground rules change (for example, opt in becomes opt out) people get frustrated. There’s also a deeper issue. Digital transformation is being developed from an agency- rather than people-centric viewpoint. The mission at present is to help a government agency do something more easily or to get more information. User experience is then designed through this narrow lens. The long-term effect of this approach is to gradually disempower people as more of their lives move beyond their control and they are effectively forced to participate in these disempowering schemes as other alternatives become too inconvenient.

A different approach would be to design digital transformation initiatives from the citizens’ perspective. What does that look like? It would mean providing people with easy and meaningful control over their data. It would mean giving citizens an online log every time their personal information is accessed by any arm of government or the private sector, with a one-click process for contesting any access they believe may be unauthorised. It would allow them to decide who can access different components of their data (such as individual records) and provide strong default settings to protect those who don’t bother to adjust their settings. It would mean amending the Privacy Act so that personal information can be reasonably protected in a 21st-century world. In short, it’s about getting in the corner of everyday citizens and empowering them, not the departments who serve them.

The vision across Australia to move government services online and create enabling infrastructure like digital identity is the right one, but we need to think bigger and go further. Launching a national effort to integrate service delivery across all three tiers of government would be a political challenge but it would deliver benefits for every Australian. We should try it.

The White House cyber strategy: words must be backed by action

To some fanfare, the White House announced a national cyber strategy last week. It breaks little new ground but still sends an important message that cyber continues to be a priority. Now action is needed to ensure it doesn’t become shelf-ware.

The Trump administration claimed this was the first such strategy since 2003 when President George W. Bush issued the National Strategy to Secure Cyberspace. That’s a little misleading. Though it wasn’t styled as a ‘strategy’ President Barack Obama issued a detailed cyberspace policy review within four months of taking office. He released the first international cyberspace strategy in 2011 and issued multiple cyber-focused executive orders and a cybersecurity action plan in 2016.

And my old office at the State Department, pursuant to a Congressional mandate, produced a wide ranging cyber strategy in 2015 that was far more detailed than this one. But every administration wants to claim it’s doing something new and different with little credit to what’s come before, so the branding here is hardly surprising. The new document is still very important because threats in cyberspace are increasing and it clearly defines this administration’s cyber policy. It doesn’t discard work and policy but builds on it.

The strategy comes almost two years into this administration, and a full year after a myriad of detailed reports were due from a host of federal agencies pursuant to the president’s executive order on strengthening cybersecurity last May. Those reports spanned the gamut from enhancing the cyber workforce to international engagement and deterrence in cyberspace.

Given the scope of those reports, one might assume that a strategy composed of their findings would be detailed and groundbreaking. With few exceptions however, it’s not. Instead it’s very high level, lacks detail and often restates past policies. In some areas, like articulating roles and responsibilities for federal agencies, it punts the hard issues, saying instead that these will be worked out in the future.

Hard as it is, defining roles and responsibilities, and who’s in charge of what, is central to an effective strategy. I expect that, as in the past, internecine turf wars (certainly not unique to cyber) made this too difficult. Still, if the National Security Council has a unique strength, it’s in resolving interagency battles. That’s become, I expect, a more difficult task given the abolition of the White House cyber coordinator role, and it’s disappointing that this could not be achieved with this document.

But, there’s a lot to like in this strategy even if it lacks real detail and often resorts to vague platitudes. It restates much of the US cyber canon, including the importance of internet freedom and the central role of multi stakeholder internet governance, welcome pronouncements to our allies and partners. That’s even more important now when attacks on the press and claims of ‘fake news’ often dominate the headlines and call into question our commitment to these ideals and when countries including China and Russia advance a contrary agenda of absolute internet sovereignty.

The strategy also sounds familiar themes on issues including the importance of battling cybercrime, concern about supply chain vulnerability, the need to strengthen cyber defences and the importance of public-private partnerships—all motherhood concepts of cyber doctrine. Condemnation of attempts by bad state actors to undermine our democracy is also welcome in the light of the president’s second guessing of Russia’s involvement.

Consistency with past practice shows we’re building on accomplishments and sends a strong message of continuity to our public and our partners. The very fact that the strategy’ been released sends a message that cyber continues to be a national priority. That’s especially helpful in light of the revelation in Bob Woodward’s book that the president characterised this area as ‘cyber sh*t’. Perhaps my favourite line in the strategy is ‘[c]yberspace will no longer be treated as a separate category of policy or activity disjointed from other elements of national power’.

One of the critical shortcomings of past cyber policy is that senior decision-makers treat it as a bright shiny object that’s the purview of the technical rather than the policy community. I’ve long argued that integrating cyber as a core issue of national and economic security is fundamental to making real progress. Pretty words are one thing and action another. If the president doesn’t prioritise this area with resources and actions, or if he continues to undercut the messaging on Russian malign activity, all the words in the world will have little effect.

Some new points are noteworthy, but perhaps in tension. For one, the strategy includes the launch of an international cyber deterrence initiative and on the other, a relaxation of the rules governing retaliation, referenced in the strategy but largely articulated in National Security Advisor John Bolton’s ‘cyber-rattling’ comments at its launch.

I’m pleased that the strategy continues to emphasise the need for a cyber stability framework built, among other things, on voluntary norms of state behaviour, and for international engagement and capacity building. These have been staples of the US international program and leadership for many years. I was also happy to see an emphasis on deterrence, including aspiring to impose ‘swift, costly and transparent consequences when malicious adversaries harm the US or its partners’. That’s something, as I have written before, that we’re still not very good at.

While we’re getting better at naming and shaming some of those responsible for cyber events, that’s not sufficient to deter actors like Russia or North Korea. Real consequences for bad state behaviour that will affect their decision making is still desperately lacking. That creates the ‘norm’ that such bad behaviour is acceptable–or at least cost free.

The strategy seeks to address this, in part, through a new international cyber deterrence initiative that recognises that: ‘[t]he imposition of consequences will be more impactful and send a stronger message if it is carried out with a broader coalition of like-minded states.’ It seeks to build a coalition to collectively respond to shared threats by, among other things, coordinating responses, sharing intelligence, buttressing attribution, supporting each other’s responses and, most significantly, engaging in ‘joint imposition of costs against malign actors’. This emphasis on collective action and partnerships is a welcome counter to the prevailing narrative of ‘America alone’.

None of this is easy. Sharing information and coordinating action among disparate bureaucracies is difficult in the best of times but the building of this coalition was underway long before I left the State Department. This strategy gives it a welcome boost at a critical time. As the document was released, a large, multi-agency US delegation, and the delegations of numerous allies and partners, attended the Singapore International Cyber Week conference. It was a timely opportunity to progress this important initiative.

The other major development, that often overshadowed the strategy itself in media coverage, was Bolton’s statement that the rules governing the use of offensive cyber tools had been relaxed and that the White House ‘has authorised offensive cyber operations’ against US adversaries. The extent to which the rules have been relaxed and the nature of such operations remain unclear.

Like the 2011 International Strategy for Cyberspace, the new strategy says that all tools of national power, diplomatic, law enforcement, economic, cyber and military, can be used to respond to a cyber incident. Offensive cyber operations are an important part of this arsenal and their use in the right circumstances, consistent with international law, makes sense.

However, there are many unanswered questions, and some answers may have a negative impact on the international cyber deterrence initiative. Presumably this move does not mean that offensive cyber operations will be a tool of first resort. They should be reserved for when they are most effective. It’s widely accepted that the best response to a cyberattack is often not a cyber one. Cyber tools must be integrated into all our capabilities and not seen as some sort of magic button, particularly given that their use involves a fair amount of pre-planning. And despite the borderless nature of cyberspace, there’s a difference if such tools are used in adversary space or if they’re used to disrupt an adversary’s activities in neutral or friendly territory.

In an adversary’s space, the primary issue is escalation and that can be overcome with direct messaging. In third party space, unilateral cyber actions run the risk of damaging the alliances needed to take collective action against cyber and other threats, essentially making an international cyber deterrence initiative more difficult.

There may be times when the US needs to take unilateral action but in other cases it may be better to ask allies to employ their capabilities. How these diplomatic and partnership issues will be weighted and resolved in the new structure Bolton described is unclear, particularly when it’s reported that interagency consideration of these operations has been significantly curtailed. But failure to properly assess these issues risks the loss of the ability to respond collectively to incidents in the long term.

Inadvertent consequences, potential collateral damage, possible loss of control and retaliation and escalation must all be considered. Again, it’s not clear how the new structure will consider these issues. We need to develop and use these capabilities as part of an overall deterrence regime—but it’s important that they be integrated and balanced as one of many strategic responses.

The 2003 National Strategy to Secure Cyberspace was a generally good document and groundbreaking in its time. Yet, it was soon largely treated as shelf-ware, in part because folks were not ready to treat cyber as a priority and in part because there wasn’t consistent high-level implementation or emphasis. The new White House cyber strategy bears a lot of similarities to that document and, while cyber is now clearly in the mainstream, I fear it too will become little more than a collection of good words unless there’s a robust implementation plan, adequate resources and cybersecurity is made a real priority by the president himself.

While I’m heartened by innovations like the cyber deterrence initiative, actions like the slashing of funding undermines strong language in the strategy that capacity-building is vital. The cyber coordinator role in the White House has been abolished when the strategy suggests we need it most. And, 14 months after I left the State Department, it still hasn’t reestablished a high level cyber position despite the evident need for it made clear by the strategy. I want us to be effective. I want us to better deter cyber threats using all the tools at our disposal. We cannot afford to ignore this issue or be complacent and while a new strategy is an important milestone, it must be followed by concerted action and a real implementation plan.

Hacking for ca$h

In 2015 then-US President Barack Obama metaphorically arm-wrestled Chinese President Xi Jinping into agreeing to stop engaging in commercial cyber espionage. Since then, China has made a similar pact with G20 members and made bilateral declarations with countries like Australia and Germany.

Now, three years on, ASPI has worked with counterparts in the US and Germany to see whether the Chinese Communist Party (CCP) is adhering to these commitments. Spoiler alert: it isn’t.

The US played the lead-up to the deal with Xi cleverly, slowly ratcheting up the pressure. In 2013, a high-level Commission on the Theft of American Intellectual Property estimated that the theft of IP totalled US$300 billion (A$413 billion) annually, and that 50–80% of the theft was by China. The same year  cybersecurity firm Mandiant released a blockbuster report that tracked commercial cyber espionage to a People’s Liberation Army (PLA) unit.

The next year the FBI indicted five PLA hackers for engaging in commercial cyber espionage and in April 2015, the US put economic sanctions on the table when the president signed an executive order that would allow for such measures. The CCP caved in September 2015 in the face of this astute diplomatic legwork.

At first it looked like China was honouring its commitments, but our review found this was likely coincidental with internal factors that temporarily reduced commercial cyber espionage. As Adam Segal, who authored the US section, wrote:

First, soon after taking office, Xi launched a massive and sustained anticorruption campaign. Many hackers were launching attacks for private gain after work, misappropriating state resources by using the infrastructure they had built during official hours. Hacking for personal profit was caught up in a broad clampdown on illegal activities.

Second, the PLA was engaged in an internal reorganisation, consolidating forces and control over activities. Cyber operations had been spread across 3PLA and 4PLA units, and the General Staff Department Third Department had been managing at least 12 operational bureaus and three research institutes. In December 2015, China established its new Strategic Support Force, whose responsibilities include electronic warfare, cyber offence and defence, and psychological warfare. In effect, PLA cyber forces were told to concentrate on operations in support of military goals and move out of industrial espionage.

However, these internal changes didn’t put an end to commercial cyber espionage. Instead responsibility for it shifted from the PLA to units connected with the Ministry of State Security, which is reported to have significantly better tradecraft than its PLA colleagues.

In the three countries we examined, the amount of publicly available evidence varied, but in all three countries it was found that China was clearly, or likely to be, in breach of its agreements.

The United States Trade Representative’s March 2018 investigation stated that ‘Beijing’s cyber espionage against US companies persists and continues to evolve’. In Germany, the digital industry association found in July 2017 that 53% of German companies are affected by cyber espionage, with losses worth €55 billion (A$89 billion) annually. The German Interior Ministry identifies China alongside Russia and Iran as the primary countries responsible for espionage and cyberattacks against it. And in Australia, in 2012 (before the China–Australia agreement) it was revealed by the MI5 director-general that a Chinese cyberattack had cost a UK-based company—later reported to be Rio Tinto—an estimated £800 million (A$1.44 billion).

Since Australia’s agreement with China to cease its commercial cyber espionage, China has been implicated in the attack on the Australian National University. The 2009–10 annual report of the Australian Security Intelligence Organisation (ASIO) stated that ‘cyber espionage is an emerging issue’. Since then ASIO’s annual reports have consistently mentioned that cyber espionage affecting Australian commercial interests and for commercial intelligence purposes is taking place, although without explicitly naming China.

ASPI’s report summarises the current situation this way: ‘China appears to have come to the conclusion that the combination of improved techniques and more focused efforts have reduced Western frustration to levels that will be tolerated. Unless the targeted states ramp up pressure and potential costs, China is likely to continue its current approach.’

The question is how to ramp that pressure back up. The approach taken by Obama managed to precipitate an agreement with the CCP that distinguished between (legitimate) traditional political–military espionage and (illegal) espionage to advantage commercial companies. However, it only modified rather than stopped the bad behaviour.

To get cyber espionage back on the agenda with China requires both the steady escalation of the issue (the Obama playbook, which Trump seems to be following in his own unique style) and the plausible threat of costs, like sanctions, if the CCP fails to keep its word.

For a country like Australia, it’s time we name China as a perpetrator of commercial cyber espionage and work in coalition with other states to escalate pressure until the Chinese leadership decides the costs are too high for it to keep orchestrating the theft of intellectual property.

US moves to expose North Korea’s malicious cyber activity

Late last week, the US Department of Justice filed a criminal complaint against a North Korean hacker—who allegedly acted on behalf of the North Korean government—in connection with a series of cyberattacks, including the cyber intrusion and attack against Sony Pictures in 2014. Among other things, this individual, along with other unidentified hackers, is alleged to be part of the Lazarus Group, which has been implicated in a wide range of malicious cyber activities—including the destructive WannaCry 2.0 worm that affected computers around the world in 2017 and the attempt to steal hundreds of millions from the Bangladesh Bank in 2016.

This is the first time that the US has criminally charged a North Korean government hacker and, like the indictment of five PLA officers for intellectual property theft a few years ago, it’s extremely unlikely that the charged individual (who apparently is in North Korea) will ever see the inside of a US courtroom. The charges are also unlikely to have any real effect on the malign cyber behaviour of North Korea. Unless other measures are brought to bear, North Korea isn’t really susceptible to being ‘shamed’, even when called out in such detail.

Nevertheless, the criminal complaint and supporting affidavit serve an important purpose. They demonstrate that, although it may take time, the US will expose malicious nation-state activity, including the individuals responsible and their tradecraft, for the world to see. Though more is required to achieve effective deterrence, this development sends an important foundational message, particularly when many doubt that effective attribution is possible.

I was part of the US government when we were dealing with the Sony attack in 2014. In one of the first instances of US government attribution of cyber conduct to a nation-state, President Barack Obama called a news conference and announced that North Korea was responsible. Shortly thereafter, he imposed sanctions on North Korea because of that and other activity. It was a watershed moment— to make public attribution at the highest level of our government sent a strong message that malicious state cyber activity would not be tolerated.

The move was coupled with extensive diplomatic outreach to allies and partners around the world to share our views and build support. Indeed that, and our outreach to partners in response to the Iranian distributed denial-of-service attacks against many of our financial institutions, served as the basis for our work to build a collective response by countries against shared cyber threats that continues today.

Still, the experience was also somewhat frustrating. Although nearly every commentator and researcher had said that North Korea was behind the Sony attack before Obama’s landmark press conference, many voiced doubts once the president and the US government went on the record. They challenged the evidence we put forth publicly as incomplete and instead offered a variety of alternative, often conspiratorial, theories.

The US government released far more corroborating information than it normally would, particularly when, as was the case then, no public criminal charges were brought. But it’s unreasonable to expect the US, or any government, to release all the information it has that led to attribution, especially when that information is particularly sensitive or could compromise sources and methods that are important in tracking and preventing future activity. This practice is no different from how attribution is handled for physical-world incidents. At the end of the day, in cyberspace or the physical world, attribution is a political (small p) decision based on all the information available. Countries nevertheless want to be highly confident that they’re right, because being wrong undermines future credibility and action.

Russian government representatives also tried to cast doubt on the attribution of North Korea, making the self-serving claim (especially in light of all the malicious cyber and physical activity they’re responsible for) that if one country is going to accuse another, the attribution must be essentially 100% ironclad based on publicly released evidence.

The Russian position fits in with Moscow’s practice of denying its involvement in everything from election interference to NotPetya in the cyber world, and from the UK poisonings to the Ukraine incursions in the physical one. Even when I was a federal prosecutor, the standard of proof when an individual’s liberty was at stake was never absolute but was instead beyond a reasonable doubt. Demanding absolute proof is a convenient way to deny malicious actions even when it’s clear who the perpetrator is. It’s also used as a subterfuge for getting insights into the information held by other countries to evade detection in the future.

The complaint and 179-page supporting affidavit in this case should help lay to rest a lot of the groundless claims that there wasn’t a strong factual basis for accusing North Korea. The affidavit is remarkable in its thoroughness and detail. I agree with those who have said that it reads like a thorough threat intelligence report with a criminal charging overlay. My former Justice and law enforcement colleagues deserve a lot of credit for all the work that went into the investigation. In any event, it tells a compelling story of the scope and scale of North Korean cyber activity. The fact that it fingers individuals (one by name) and organisations, and that it lays bare at least some of North Korea’s tradecraft in detail, alone make the document important.

The targeted sanctions imposed concurrently on the defendant and on a Chinese firm that employed him are also helpful. Though China and the US differ on many things, and we rightly remain concerned about Chinese malicious cyber activity, I think there’s some opportunity for common ground with China, assuming that it wouldn’t want rogue actors from other countries operating from its soil and, potentially, causing instability or exposing it to blame.

The criminal complaint and sanctions, though good, are still unlikely to deter North Korean actions in the future. For that to happen, they need to be part of a comprehensive plan that, among other things, includes putting pressure on the North Korean regime. Like with Russia, or any state adversary, that will require consistent, high-level messaging from the top. Sadly, that is lacking.

I’ve written before that, regardless the activities the US takes to hold Russia accountable for its malicious cyber activity, those efforts are undermined when the president himself not only refuses to publicly endorse them but undercuts those actions by casting doubt on Russia’s involvement. With North Korea, I fully understood why cyber issues wouldn’t be prominently raised during the first US–North Korea summit given the importance of denuclearisation, but thought it needed to be embedded in future dialogue with North Korea. Of course, the talks with North Korea seem largely on the rocks, but whatever their fate, it doesn’t seem likely that cyber matters will be raised despite last week’s charges. Worse yet, on the very morning that the criminal charges were announced, President Donald Trump tweeted about how well he and Kim Jong-un get along — hardly the messaging, on at least this topic, that’s likely to provoke North Korea to stop its activity.

Until we can do a better and more comprehensive job of pushing back on North Korea’s and other nation-states’ cyber activities, the use of criminal charges and other tools can only help lay an important foundation. But they will not, without more, deter our adversaries.

Time for an about-face? Flaws in facial recognition plan

Search for news articles about the face identification service and you won’t find much. At one level, that’s curious because it’s about to usher in a potentially far-reaching change to law enforcement and Australian society. On another level, the lack of focus is understandable because of the complexity of the scheme and draft implementing legislation.

Major holes in the proposed legislation have been identified in various parliamentary submissions, and the Parliamentary Joint Committee on Intelligence and Security will hold another round of public hearings later this month. But these concerns have so far failed to attract much attention. Two of the biggest problems with the current draft bill are the loose wording that allows the use of biometric facial matching for purposes as diverse as ‘preventing’ crime and ‘road safety activities’; and the ability of states and territories to use biometric facial matching for any crime or petty offence (subject to state and territory laws).

The genesis of the proposal was a Council of Australian Governments agreement in October 2017, when the prime minister and state and territory leaders agreed to establish national facial biometric matching services. The emphasis was placed squarely on the counterterrorism potential, not the two most likely future uses of the capability: general policing and digital identity (the latter is covered in a forthcoming policy brief from ASPI’s International Cyber Policy Centre). As the prime minister said at the time: ‘Imagine the power of being able to identify, to be looking out for and identify a person suspected of being involved in terrorist activities walking into an airport, walking into a sporting stadium … This is a fundamentally vital piece of technology.’

The national facial biometric matching capability is actually made up of two systems:

  1. The face verification service (FVS): ‘a one-to-one, image-based verification service that can match a person’s photo against an image on one of their government records (such as a passport photo) to help verify their identity’
  2. The face identification service (FIS): ‘a one-to-many, image-based identification service that can match a photo of an unknown person against multiple government records to help establish their identity. Access to the FIS will be limited to police and security agencies, or specialist fraud prevention areas within agencies that issue passports, and immigration and citizenship documents.’

The FVS and FIS will be made possible through the creation of a Commonwealth-run hub that connects various photographic identity databases run by states and territories (e.g. driver’s licences) and by the Commonwealth (e.g. passports).

The legislation that will allow for its creation is the Identity-matching Services Bill 2018. For a scheme so amenable to overreach, the bill is remarkably loosely worded. Reading the COAG agreement that the bill implements, you could be forgiven for thinking at least some controls are in place. For example, the COAG agreement states:

Agencies with access to the FIS may only use the FIS for one or more of the following permitted purposes: … (b) General law enforcement—the prevention, detection, investigation or prosecution of an offence under Commonwealth, state and/or territory laws carrying a maximum penalty of not less than three years imprisonment.

In reality, this three-year threshold (which is omitted from the draft bill) applies only to use of the FIS between jurisdictions (e.g. NSW police running a biometric search on a Victorian resident). In practice, state police will mostly be investigating residents of their own jurisdictions. So, for the overwhelming majority of cases, the three-year rule won’t apply. It’s up to states and territories to decide what, if any, minimum threshold applies before biometric matching can be used.

The institutional logic for police forces around the country is to seek permission to use the FIS for as many activities as possible to create internal efficiencies; for state and territory governments, it’s to save money. With the increasing use of CCTV and improvements in biometric matching, expect a lot more automated policing for ever less serious offences. For those interested in civil liberties, the question will become what threshold for use of the FIS is tolerable—automated fines for double parking, littering, jaywalking?

Unfortunately, the problems with the FIS are not isolated. As the My Health Record controversy suggests, it is part of a growing pattern where digitisation initiatives are built with the wrong user in mind. The convenience for a government department is prioritised over the citizens they serve. Repeatedly, Australians are assured everything is fine, only to discover they have been hoodwinked. Opt-in becomes opt-out. Safe and secure, it is later discovered, means warrantless police access.

And each time the public’s trust is broken, it becomes harder to roll out other digitisation initiatives that are essential to a 21st-century economy and society. Getting things back on track won’t be easy. It requires a complete overhaul in approach: putting citizens at the centre.

Rethinking our approach to open-source data

Open-source data is built on the foundation of long-term useability, authenticity and reliability. Its public nature means that it can be accessible anywhere with an internet connection.

Yet when we talk about the government data that needs to be protected for national security reasons, classified information—related to defence and intelligence services—often takes precedence. But what about the protection of unclassified, open-source government data?

Websites like data.gov.au, Trove and Parl Info Search host a broad range of data that collectively documents the political, social and cultural history of Australia. Over time, this data accumulates to paint a detailed picture of our country. It’s a high-value dataset given the trends big data analytics can reveal.

The Department of Communications and the Arts has estimated that the value of open government data is $25 billion per year—which represents 1.5% of Australia’s GDP. To give that some context, Australia is budgeting to spend 1.91% of its GDP on defence in 2018–19.

As outlined in the Attorney-General’s Department’s Protective Security Policy Framework, simply increasing the classification level of data isn’t enough to ensure its protection. The department recommends that agencies consider the potential business impact if something were to happen to their data. The policy framework outlines risks to aggregate data, including unauthorised disclosure and inconspicuous copying, modification or dissemination of information. And it warns of possible operational, reputational or monetary impacts for an individual agency or the government as a whole.

In an era of technological disruption, all it takes is the dissemination of disinformation to undermine national security.

Governments and private companies around the world are already starting to implement technologies and software to address data security. We’re now seeing the powerful combination of traditional information security, relating to controlled access to information and security of ICT systems, with the application of principles of long-term data preservation.

One example is Preservica, a software platform that incorporates the key data-preservation principles of useability, accessibility, security and authenticity. Once digital data has been created and stored, it is continually checked not only to prevent the obsolescence of file formats, but also to confirm the integrity of the data and metadata and ensure it hasn’t been manipulated. Preservica is being used by the UK National Archives, the European Commission and the Provincial Archives of New Brunswick in Canada.

Swedish company Enigio Time is based on similar principles. Its aim is to ‘provide proof of the truth’ and digital data integrity in what it calls a ‘#PostTruth era’. Enigio Time software generates a timestamp on a digital document, leaving unchangeable proof of the content of the document when it was created.

Another technology that could also contribute to data integrity is blockchain. Blockchain is commonly associated with Bitcoin and cryptocurrencies, but it could also contribute to data integrity. It creates a record of data that is stored permanently in multiple locations. Despite some scepticism about it, governments around the world have already begun testing and implementing blockchain technology.

The Netherlands, Georgia, Sweden, the UAE, Canada and Estonia either use blockchain or have piloted blockchain projects for a variety of government services.

One example that stands out is the Chilean government’s use of blockchain for the preservation and security of its environmental data.

Earlier this year, the Chilean National Energy Commission launched a project called Energia Abierta (Open Energy). It aims to increase the security, integrity and traceability of energy information by storing publicly available data, such as national electric capacity, energy prices and emission levels, on the Ethereum blockchain technology. The commission says that public information, particularly related to energy, is critical for investment decisions and shaping policies.

Chile’s emissions data could, for example, be manipulated by foreign actors who could then criticise the government for not meeting its commitment to the Paris climate agreement, which Chile has ratified. A discrepancy in the information held by energy providers, the energy commission and other national agencies could severely undermine trust in Chile’s governance.

In Australia, blockchain is starting to appear on the government’s agenda. Last year CSIRO’s Data61 conducted research into blockchain and its potential applications in the government and business sectors. Its report Distributed ledgers: scenarios for the Australian economy over the coming decades, concluded that blockchain technology can enhance the trust, accountability and auditability of data storage.

In the 2018–19 budget, the Australian government allocated $700,000 to the Digital Transformation Agency to research how blockchain could be used to support government services. And only last week the government signed a five-year agreement with technology company IBM to help further its digital transformation agenda.

Data accessibility is also on the government’s agenda, as seen by the Productivity Commission’s 2017 report into data availability and use, the data sharing for innovation agenda, and the 2015 public data policy statement.

The value of accurate, reliable and verifiable open-source information shouldn’t be underestimated. Australia needs to take advantage of new technologies as they emerge and reframe its approach to the security and preservation of open-source data.

China’s quest for political control and military supremacy in the cyber domain

The People’s Republic of China seeks to contest information dominance (制信息权) and discursive dominance (话语权) in cyberspace. For the Chinese Communist Party (CCP), cybersecurity is integral to comprehensive state security (国家安全). That’s distinct from ‘national’ security in that it focuses on preserving stability and legitimacy to ensure the regime’s survival. Xi Jinping has said that ‘without cybersecurity, there is no state security’.

In this concept of cybersecurity, information security and control take priority. Indeed, for the CCP, threats to cyber sovereignty (网络主权) are seen as existential in nature. For that reason, the People’s Liberation Army (PLA) is actively building its capabilities to engage in ‘military struggle’ (军事斗争) in the cyber domain.

The CCP has long believed itself to be engaged in an ideological contest in cyberspace. It has sought to counter foreign ‘hostile forces’ (敌对势力) through censorship and propaganda. It blames those influences for popular protests that have overthrown authoritarian governments, as in the Arab Spring.

Tellingly, a research centre with the Cyberspace Administration of China has written, ‘If our party cannot traverse the hurdle represented by the internet, it cannot traverse the hurdle of remaining in power for the long term.’

So far, China has defied initial, utopian expectations for the future of the internet. Instead, the CCP has sought to reshape and harness the internet as a tool to enhance its social control, while still allowing a vibrant digital economy to thrive within certain parameters.

Xi Jinping articulated the objective for China to become a ‘cyber superpower’ (网络强国), to be not only the world’s largest nation in cyberspace, but also the most powerful. His own consolidation of power has included gaining absolute control over the PLA, in line with Mao’s maxim that the ‘Party commands the gun’.

China’s 2015 national defence white paper on military strategy—which included the PLA’s commitment ‘to remain a staunch force for upholding the CCP’s ruling position’ and to preserve ‘social stability’—also called for the PLA to ‘expedite the development of a cyber force’ and to enhance its capabilities in ‘cyberspace situation awareness’ and cyber defence. The stated objectives of these forces are ‘to stem major cyber crises, ensure national network and information security, and maintain national security and social stability’.

At a basic level, the PLA’s approach to employing military cyber forces should be understood as another piece in China’s strategy of ‘active defence’ (积极防御). In essence, that means, ‘We will not attack unless we are attacked, but we will surely counter-attack if attacked.’

When applied to the cyber domain, this logic implies that offensive operations at the tactical and operational levels would be consistent with a defensive orientation at the strategic level.

At the strategic level, the question of what constitutes an ‘attack’ is likely to be decided according to political and ideological factors, particularly in cyberspace. According to an authoritative text on information operations, the PLA should emphasise active defence if facing a ‘formidable enemy’, but might pursue an ‘active offensive’ against a weaker enemy in order to achieve rapid battlefield information superiority.

PLA concepts of cyber conflict are informed by Chinese strategic culture. For the US and most Western militaries, there’s a clear distinction between ‘peace’ and ‘war’. In contrast, the PLA appears to place these along a spectrum. In the Science of military strategy, PLA thinkers discuss the dynamics of military struggle in the cyber domain, highlighting the functional ‘integration’ of peacetime and wartime in cyberspace.

The PLA’s official dictionary of military terminology defines military struggle as ‘the use of military methods in order to advance the struggle among nation states or political groups to achieve a definite political, economic or other objective; the highest form is warfare’. This concept has Marxist and Maoist antecedents consistent with the CCP’s tradition of combined political and military struggle. That includes its history of political warfare that today provokes concerns about Beijing’s interference in democracies.

Notably, the PRC’s pursuit of a national strategy of military–civil fusion (军民融合) not only seeks to leverage synergies between commercial and defence developments, but also intends to take advantage of civilian personnel in defence and force development. The Science of military strategy argues that:

In light of the ambiguous boundaries between peacetime and wartime in cyber countermeasures, and the characteristic that military and civilian attacks are hard to distinguish, persist in the integration of peace and war [and] in military–civil integration; in peacetime, use civilians to hide the military; in wartime, the military and the people, hands joined, attack together ….

The Central Military–Civil Fusion Development Commission, under the leadership of Xi Jinping himself, established the Cyberspace Security Military–Civil Fusion Innovation Centre (网络空间安全军民融合穿心中心). Qihoo 360, a major cybersecurity enterprise, will lead the centre. The new centre will seek to improve national cyber defences and could even explore the creation of ‘cyber militia and teams’.

Looking forward, the PLA sees space, cyberspace and the electromagnetic domain as critical ‘strategic frontiers’ (战略边疆) and the ‘commanding heights’ (制高点) of future warfare. In particular, the PLA is concentrating on ‘information operations’ (信息作战) that include cyberwarfare, electronic warfare and psychological warfare.

Traditionally, core aspects of PLA strategic thinking have included the focus on seizing ‘information dominance’ (制信息权) through strikes against key nodes in an adversary’s command and control systems using integrated information and firepower assaults. Unsurprisingly given the perceived dominance of offensive attacks in this domain, the PLA is believed to prefer seizing the initiative through a first strike (先发制人).

Increasingly, the PLA considers cyber capabilities a critical component in its overall integrated strategic deterrence posture, alongside space and nuclear deterrence. PLA thinkers highlight that ‘blinding’, ‘paralysing’ and ‘chaos-inducing’ methods of deterrence in cyber, space and other domains will ‘probably possess even more ideal deterrence outcomes’.

The establishment of the Strategic Support Force (战略支援部队) in 2015 integrated the PLA’s space, cyber, electronic and psychological warfare capabilities in order to enhance its capability to achieve dominance in these new commanding heights of future warfare.

Is Indonesia catching up in cyberspace?

Indonesia is one of the most dynamic economies in the region and is poised to become one of the region’s largest and most vibrant digital economies.’ That was Prime Minister Malcolm Turnbull’s message to the Indonesia–Australia Digital Forum (IADF), held in Jakarta on 31 January and 1 February. At the same event, President Joko ‘Jokowi’ Widodo said that ‘the digital age increasingly present[s] challenges for [Indonesia] from a social, economic and governance perspective. This era demands that everything be digitalised with increased speed and efficiency.’

This was one reason that Jokowi ordered the establishment of the National Cyber and Encryption Agency (Bandan Siber dan Sandi Negara, or BSSN) last May. Its nearest Australian counterpart might be the Australian Signals Directorate (ASD). The BSSN combines the former national encryption agency, the Indonesia Security Incident Response Team on Internet Infrastructure and some resources from the Ministry of Communications and Informatics (KOMINFO). The BSSN is set to become the central authority for coordinating and driving improved cybersecurity in Indonesia.

Like Australia, Indonesia is reshuffling its bureaucratic machinery that deals with cyber issues. Three years ago, a presidential decree mandated that the Coordinating Ministry for Political, Legal and Security Affairs (POLHUKAM) would lead on cyber issues. Over the last few years, Australia and other nations have been working intensively with the Cyberdesk at POLHUKAM to develop a national cybersecurity strategy for Indonesia.

The new division of responsibilities and reporting lines are still being fleshed out. But the move raises some fundamental questions. For example, will policy development and executive functions be separated? Will cybersecurity be organised in a decentralised way or pushed down from the president’s office? Will the necessarily secretive culture of cryptographers be opened up so that BSSN serves as a cybersecurity centre for government, industry and Indonesian citizens?

As Jokowi noted, cyber presents a multitude of challenges and opportunities for Indonesia. The archipelago has more than 130 million users who access the internet primarily through mobile phones and Facebook. In the region, Indonesia is one of the greatest sources of cyberattacks, as well as the largest target of attacks, as a result of its developing internet infrastructure (it ranked 73rd of 139 countries in the World Economic Forum’s 2016 Network Readiness Index), combined with narrowly applicable regulations and lax cyber hygiene standards. Even so, Indonesia’s IT industry and internet-based start-ups are booming. At the IADF, Indonesian leaders proudly pointed to billion-dollar start-ups GO-JEK (transport), Tokopedia and Bukalapak (online marketplaces), and Traveloka (online bookings).

While there’s an important economic angle to Indonesia’s cyber engagement, the government’s main focus seems to be on threats rather than opportunities. Last January when he was appointed head of the BSSN, Major General Djoko Setiadi emphasised that his priority would be to counter internet hoaxes and fake news. At a capacity-building workshop for Indonesian officials organised by ASPI’s International Cyber Policy Centre in late January, similar online threats were identified as the primary concerns for Indonesian society. Cybercrime, the vulnerability of critical infrastructure and privacy loss remain second-order priorities for the moment.

Like in many other developed and developing states, the government has introduced more robust legislation and giving greater power to security agencies. Indonesia’s well-known, and all too often referred to, Electronic Information and Transactions Law from 2008 was only revised in 2016. It authorises the Ministry for Communications and Informatics  to terminate access to online material—by blocking websites or ordering internet service providers to do so—containing immoral content, hate speech, insults or defamation.

Indonesia will figure prominently in Australia’s international cyber agenda. DFAT’s international cyber engagement strategy, which ‘champions an open, free and secure cyberspace’, targets the entire Indo-Pacific region. The Indonesia–Australia Cyber Dialogue, inaugurated in 2017, serves as a channel to discuss issues of mutual concern. But there’s the bigger question as to how much Australia can support Indonesia in promoting a free, open and secure cyberspace while accommodating Jakarta’s concern about exercising sovereignty.

During the IADF, the head of the Australian Cyber Security Centre (ACSC) welcomed the opportunity to work with BSSN. This is an obvious bond to be cultivated. Both ASD (under which the ACSC sits) and BSSN will face similar challenges in transitioning from running high-secrecy operations to serving as a platform for collaboration between government, industry and civil society.

At the policy level, the situation is blurrier. It’s unclear whether Indonesia’s strategic direction will come from the president’s office or from the agency itself. If it’s the agency, which will also implement the strategy, that would surely affect the checks and balances within the administration and the parliament’s ability to exercise oversight. Alternatively, the remaining skeleton desk at the Coordinating Ministry for Political, Legal and Security Affairs could play a role.

While the roles and responsibilities of Indonesia’s domestic agencies are being debated (and challenged), opportunities are slipping away. As a country that’s forecast to rocket into the world’s top global economies, Indonesia will gain enormous benefits if it can provide conditions that foster a free, open and secure internet. Its tech-savvy population and sizeable e-market are already flourishing, but the growth of its e-economy could dramatically accelerate if the government gets its settings right.

In broader strategic terms, Indonesia is also vital. If it chooses a stifling Chinese approach, it would be hugely damaging to efforts to keep the internet in the region dynamic, open and secure. Handily, as a young, vibrant democracy, an open approach makes much more sense.

Apple, Face ID and privacy

I’ve seen a number of crazy media pieces arguing that Apple’s Face ID technology has privacy implications and will enable government mass surveillance.

I disagree, and I think there’s a more sensible way to think about Face ID, phones and privacy.

Smartphones contain a great deal of personal information that is worth protecting, but because they’re so portable they’re often lost or stolen. Ideally, a phone would work only for its legitimate owner and no one else.

Fundamentally, the problem that PINs, Touch ID and Face ID are trying to solve is whether you are the phone’s owner.

Teaching an inanimate object how to recognise someone is a difficult problem. So in the smartphone world we’ve relied on proxies for identity:

  • something you know, such as a PIN or a password
  • some property of you, such as your fingerprint (Touch ID) and maybe now your face (Face ID).

In the real world, we quite often use ‘something we have’ as an assertion of identity (for example, a passport, driver’s licence or access card), but I’m not aware of that being used for smartphone identification.

All of these mechanisms are actually proxies for who you are, and don’t necessarily guarantee anything. PINs and passwords are often forgotten but can also be shared, stolen or guessed. Fingerprints can be copied and spoofed. Identical twins and doppelgangers exist, and no doubt someone will spoof Face ID.

One big advantage that biometric authentication methods such as Touch ID and Face ID have, to my mind, is that they directly address the question of who I am by looking at me. Authentication by PINs and passwords, by contrast, relies on arbitrary shared secrets that have absolutely nothing to do with me.

In my own life I recognise people by looking at them and that seems to work out okay, so at first glance it seems at least plausible that facial recognition might be an acceptable way to arrive at identity.

Assuming that the Face ID implementation is good enough for the average person—that is, there’s a low false positive rate (unlocking for the wrong person) and it’s hard to spoof—what are the implications for mass government surveillance?

The most worrisome scenario is that governments would immediately be able to access all Face ID data instantly for all users. I don’t believe that scenario: Face ID and Touch ID data is kept only on phones in Apple’s Secure Enclave; Apple fought government efforts to get data from a single phone; and Secure Enclave hasn’t publicly been hacked. Even if states have exploits, they are likely to be very high value and therefore not widely deployed because every time an exploit is used there’s a risk of discovery.

However, let’s assume I’m wrong and all smartphone data is accessible by governments. In that scenario governments already have your location, photos, messages, emails, chats, contacts and more. What extra information does Face ID provide? What other privacy concerns are there?

Governments will have better models of the shape of your head and Face ID will make them more confident that you are actually in possession of your phone, at least compared to a PIN. It’ll be easier for them to identify you.

But there are limits. It’s not clear that Face ID data would help pick you out of a crowd; Face ID will be optimised for authentication (Are you Tom? Yes/no) rather than identification (Who is this person?).

Remember also that governments potentially already have access to large datasets—such as driver’s licences, passports and mugshots—that they already own and can use without the need to either compel Apple or somehow subvert Apple’s infrastructure. Australia’s federal government, for example, already has passport data and is reportedly seeking access to driver’s licence photos from state governments for a national facial recognition database.

Really, though, if you’re concerned about mass surveillance and government access to smartphone data you should be throwing away your phone rather than worrying about the incremental privacy problems of Face ID.

Personally, I’ll wait and see how well Face ID is implemented when the iPhone X is released. If it works well as an authentication mechanism, I’ll consider using it. But I won’t worry about mass surveillance.

Controlling cyber conflict

When cyber-security professionals were polled recently at their annual Black Hat conference in Las Vegas, 60% said they expected the United States to suffer a successful attack against its critical infrastructure in the next two years. And US politics remains convulsed by the aftermath of Russian cyber interference in the 2016 election. Are cyber-attacks the way of the future, or can norms be developed to control international cyber conflict?

We can learn from the history of the nuclear age. While cyber and nuclear technologies are vastly different, the process by which society learns to cope with a highly disruptive technology shows instructive similarities. It took states about two decades to reach the first cooperative agreements in the nuclear era. If one dates the cyber-security problem not from the beginning of the internet in the 1970s, but from the late 1990s, when burgeoning participation made the internet the substrate for economic and military interdependence (and thus increased our vulnerability), cooperation is now at about the two-decade mark.

The first efforts in the nuclear era were unsuccessful United Nations–centered treaties. In 1946, the US proposed the Baruch plan for UN control of nuclear energy, and the Soviet Union promptly rejected locking itself into a position of technological inferiority. It was not until after the Cuban Missile Crisis in 1962 that a first arms control agreement, the Limited Test Ban Treaty, was signed, in 1963. The Nuclear Non-Proliferation Treaty followed in 1968, and the bilateral US–USSR Strategic Arms Limitation Treaty in 1972.

In the cyber field, Russia proposed a UN treaty to ban electronic and information weapons (including propaganda) in 1999. With China and other members of the Shanghai Cooperation Organisation, it has continued to push for a broad UN-based treaty.

The US resisted what it saw as an effort to limit American capabilities, and continues to regard a broad treaty as unverifiable and deceptive. Instead, the US, Russia, and 13 other states agreed that the UN secretary general should appoint a Group of Governmental Experts (GGE), which first met in 2004.

That group initially produced meagre results; but, by July 2015, it issued a report, endorsed by the G20, that proposed norms for limiting conflict and confidence-building measures. Groups of experts are not uncommon in the UN process, but only rarely does their work rise from the UN’s basement to a summit of the world’s 20 most powerful states. But while the GGE’s success was extraordinary, last month it failed and was unable to issue a consensus report for 2017.

The GGE process has limitations. The participants are technically advisers to the UN secretary general rather than fully empowered national negotiators. Over the years, as the number of GGE member states increased from the original 15 to 20 and then to 25, the group became more unwieldy, and political issues became more intrusive. According to one diplomat who has been central to the process, some 70 countries have expressed interest in participating. But as the numbers expand, the difficulty of reaching agreement increases.

There are a wide range of views about the future of the GGE process. A first draft of a new report existed at the beginning of this year, and the able German chairman argued that the group should not rewrite the 2015 report, but try to say more about the steps that states should take in peacetime.

Some states suggested new norms to address data integrity and maintenance of the internet’s core structures. There was general agreement about confidence-building measures and the need to strengthen capacity. The US and like-minded states pressed for further clarification of the earlier agreement that international laws of armed conflict, including the right of self-defence, apply in cyber space, but China, Russia, and their allies were reluctant to agree. And the deterioration in US–Russian relations soured the political climate.

Moreover, whereas some states hope to revive the GGE process or enlarge it into a broader UN process, others are sceptical, and believe that future progress will be limited to discussions among like-minded states, rather than leading to universal agreements.

Norms that may be ripe for discussion outside the GGE process could include protected status for the core functions of the internet; supply-chain standards and liability for the ‘internet of things’; treatment of election processes as protected infrastructure; and, more broadly, norms for issues such as crime and information warfare. All of these are among the topics that may be considered by the new informal International Commission on Stability in Cyberspace established early this year and chaired by former Estonian Foreign Minister Marina Kaljurand.

Progress on the next steps of norm formation will require simultaneous use of many different formats, both private and governmental. For example, the 2015 agreement between China and the US to limit industrial cyber espionage was a bilateral accord that was later taken up by the G20.

In some cases, the development of norms among like-minded states can attract adherence by others at a later point. In others, such as the internet of things, norms for security standards may benefit from leadership by the private sector or non-profit stakeholders in establishing codes of conduct. And progress in some areas need not wait for others.

A regime of norms may be more robust when linkages are not too tight, and an overarching UN treaty would harm such flexibility at this point. Expansion of participation is important for the acceptance of norms, but progress will require action on many fronts. Given this, the failure of the GGE in July 2017 should not be viewed as the end of the process.

Tag Archive for: Cyber

Cybersecurity and electoral integrity

Address on Cyber Security and threats to Australian Elections given by Tom Uren at the Australian Parliament House research group meeting. 

Video here: https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/Vis/vis1819/Cybersecurity .

Offensive Cyber report makes waves

The new report by the International Cyber Policy CentreAustralia’s Offensive Cyber Capability, has caught the imagination of the Australian cyber community and is being widely reported and commented on.

Some of the media coverage is listed here;

https://www.sbs.com.au/news/boost-australia-s-cyber-capability-report

https://www.theaustralian.com.au/national-affairs/defence/australias-worldclass-cyber-warriors-take-the-fight-to-islamic-state/news-story/1c4d7c17c3cbc7435ad316077974ec59

https://www.sbs.com.au/news/australia-urged-to-invest-more-to-counter-cyberattacks

https://securitybrief.com.au/story/aspi-demystifies-australias-offensive-cyber-capabilities/

https://ia.acs.org.au/article/2018/clarity-for-australia-s-cyber-capabilities.html

https://overcast.fm/+lLFD160E

https://www.zdnet.com/article/cyber-dam-busters-could-give-australias-military-an-asymmetric-edge/

https://www.aspistrategist.org.au/australias-offensive-cyber-capability/

http://www.canberratimes.com.au/national/public-service/cyber-strength-needs-better-recruitment-lower-classifications-aspi-20180409-p4z8l4.html

ASPI Cyber Masterclass ‘In Conversation: The future of cyber and emerging technologies’

Media are invited to attend a special event featuring former US top cyber adviser Chris Painter hosted by ASPI’s International Cyber Policy Centre (ICPC) on the future of cyberspace and emerging technologies. Question our panel on some of the world’s pressing global issues including the impact of emerging tech on national security, cyber threats to our election process, the changing nature of cyber-conflict and the rise of censorship and strict information control in the Asia-Pacific.

Panel:

• Chris Painter, former US State Department Coordinator for Cyber Issues and White House Senior Director for Cybersecurity Policy;
• Dr Tobias Feakin, Australian Ambassador for Cyber Affairs, Department of Foreign Affairs and Trade
• Professor Elanor Huntington, Dean, College of Engineering and Computer Science, Australian National University
• Fergus Hanson, Head of the International Cyber Policy Centre (chair)

Date: 28 February 2018
Time: 1630 – 1730
Venue: ASPI, Level 2, 40 Macquarie St Barton Canberra 

A canapes and drinks reception will conclude the event. Chris Painter is in Australia as the inaugural distinguished fellow at ASPI’s International Cyber Policy Centre (ICPC). His visit is made possible thanks to the generous support of DFAT’s Cyber Affairs Special Visits Program, Macquarie Telecom Group and ICPC core sponsors

To register your attendance please contact:

Renee Jones, Events and Communications Manager, ASPI

E: reneejones@aspi.org.au

M: 0400 424 323

Roundtable on Practical Futures for Cyber Confidence Building in the ASEAN region

In  this roundtable ASPI brings experts in international affairs and cyber affairs from think-tanks, research institutes and universities from across the ASEAN region together with representatives of ASEAN and ARF Member States, Industry and other non-governmental organisations.

This activity is part of ASEAN-Australia Week, a lead-in event to the ASEAN-Australia Special Summit and is supported by the Australia-ASEAN Council. See: http://dfat.gov.au/people-to-people/foundations-councils-institutes/australia-asean-council/grants/grantees/Pages/practical-futures-for-cyber-confidence-building-in-the-asean-region.aspx

The aim of the event is to discuss ways to move forward with confidence-building measures in cyberspace in our region. The end result is a set of practical policy recommendations that will be presented to the Summit delegations.

Date: 15 March 
Time: 1000 – 1500
Venue: International Convention Centre Sydney 

This is an invitation-only event. Should you wish to attend, please contact Bart Hogeveen

Top US cyber adviser Chris Painter announced as ASPI distinguished fellow

Australian Strategic Policy Institute’s International Cyber Policy Centre (ICPC) is pleased to announce Chris Painter – former State Department Coordinator for Cyber issues and former White House Senior Director for Cybersecurity Policy – as its inaugural distinguished cyber fellow for 2018.

Chris has been on the vanguard of US and international cyber issues for over 25 years – first as a leading federal prosecutor of some of the most high-profile cybercrime cases in the country, then as a senior official at the Department of Justice, the FBI, the National Security Council and finally as the world’s first top cyber diplomat at the State Department.

“I am very happy to come back to Australia and spend time with my friends at ASPI’s ICPC and my many friends and colleagues in government, business and civil society. Australia has always been a strong partner on cyber policy and combatting cyber threats. As technical and policy threats increase in cyberspace it is imperative that we work together to promote an open and secure cyberspace, promote stability in cyberspace, and find new ways to deter bad actors,” Chris Painter said.

“Chris has made an extraordinary contribution to the world of cyberspace and national security and we’re delighted to host him at ASPI. Chris’s research at the centre will look at some of the big strategic issues in cyber affairs,” Head of ICPC Fergus Hanson said.

Chris will be in Australia from the 20th Feb until the 10th March. He will participate in a range of meetings, roundtables and events including the ASPI Cyber Masterclass on 28 February. Watch our event page and @ASPI_ICPC for more information. For media enquiries please contact reneejones@aspi.org.au / 0400 424 323

Chris’s visit is made possible thanks to the generous support of DFAT’s Cyber Affairs Special Visits Program, Macquarie Telecom Group and ICPC core sponsors.

US military to review policies after fitness tracker exposes base locations – Channel 9 News

According to Tom Uren, cyber security expert from the Australian Strategic Policy Institute’s ‘International Cyber Policy Centre’, the discovery revealed potentially unknown bases. “It’s one thing to be able to see people walking in and out of offices in Canberra…it’s another thing to know where people run, where they go into buildings, and what buildings are important.” He described the map as piece of a puzzle “bad actors would try and use to further their ends”. “Anything that gives you a pattern of life can be used against you by bad actors. It makes it easier, and when you are making it easier for your opposition, that’s never a great thing.”

Check out the interview here.

A fitness-tracking app has released data that reveals secret military bases – ABC Radio National

Radio National’s Patricia Karvelas discusses Strava’s global heatmap with Danielle Cave, Senior Analyst at ICPC.

Listen to the full interview here.

Strava has published details about secret military bases, and an Australian was the first to know – ABC News

Danielle Cave, a senior analyst at the International Cyber Policy Centre at the Australian Strategic Policy Institute, called the heatmap an “open source intelligence gold mine”. She suggested the data also raised a cyber security risk. “A hacking group, state or non-state, could very easily now target Strava knowing how valuable the data is that they are holding,” she said. “If it does turn out that people can strip out the personal details of some of these Strava users, then I think it’s getting into a very dangerous place.”

Read the full story here.

ASPI to bring out China defence & Artificial Intelligence specialist with Fulbright grant

The Australian Strategic Policy Institute’s (ASPI) International Cyber Policy Centre (ICPC) is pleased to announce it’s been awarded a 2018 Fulbright Specialist Grant. With this grant ICPC will bring out Elsa Kania, adjunct fellow in the Technology and National Security Program at the Center for a New American Security.

Elsa’s expertise lies in Chinese defence innovation and emerging technologies, particularly artificial intelligence. Her research interests include Chinese military modernisation, information warfare and defence science and technology. Her most recent publication “Battlefield Singularity: Artificial Intelligence, military revolution and China’s future military power” was accompanied by an essay in Foreign Affairs magazine.

Elsa is also an independent analyst, consultant and co-founder of the China Cyber and Intelligence Studies Institute (CCISI). A graduate of Harvard College, her thesis focused on the evolution of the PLA’s strategic thinking on information warfare. She speaks Mandarin and in 2014-15 was a Boren Scholar in Beijing.

ICPC senior analyst Danielle Cave said: “We are delighted to host Elsa Kania and her visit couldn’t be better timed. Last year, the Chinese Government committed to expand its AI industry to USD 150 billion by 2030. And as Elsa states in her recent report, the People’s Liberation Army ‘is pursuing advances in impactful and disruptive military applications of AI’. Such investments will have profound security, political, economic and social implications for the entire Asia-Pacific region. It’s imperative Australia invests in understanding how such emerging technologies will re-shape our economy and the potential impacts on regional security. Elsa is perfectly positioned to make a valuable and timely contribution as Australia, and our wider region, seek to navigate both the opportunities and challenges presented by the proliferation of AI technologies.”

Elsa will be in Australia from mid-March to mid-April. She will participate in ASPI events, roundtables and have meetings with government, business and civil society. Watch our event page and @ASPI_ICPC for more information. For event, meeting and media enquires please contact reneejones@aspi.org.au / 0400 424 323

China hits back over criticism of its aid to Pacific islands

China has responded angrily to Australia’s criticism of its loans and aid to Pacific island nations.

The Minister for International Development and the Pacific, Concetta Fierravanti-Wells, has raised concerns Chinese funds are being used to build unnecessary infrastructure and the developing nations will struggle to repay the resulting debts to China.

A Chinese Government spokesman says the Senator’s remarks are irresponsible and show little knowledge of the facts.

Fergus Hanson from the Australian Strategic Policy Institute says China regards its aid program as a state secret.