The War on Encryption: Who Decides What ‘Private’ Really Means?
April 19, 2018|Guest Blogger: Hywel Curtis
The extent to which private communications, particularly encrypted personal devices and messages, should remain so under certain circumstances is an intensive area of debate between government and industry.
Many on the government side believe that limiting privacy by creating an ‘encryption backdoor’ to access a device’s protected data will help them make citizens safer. It is believed that if law enforcement personnel can exclusively access private messages and devices during investigations, then they will be able to prosecute more effectively and better prevent further crimes or attacks.
German lawmakers have been pushing forward legislation, partly motivated by an increase in terrorism, demanding a form of backdoor in any smart, encrypted device; from mobile phones to driverless cars. Likewise politicians in the US and Australiahave argued for manufacturers to enable decryption processes that could be carried out by officials following the appropriate legal permissions being granted.
On the surface the arguments in favour of encryption backdoors often seem reasonable, but many manufacturers and cybersecurity experts make the case that their very existence would actually reduce the overall security of device owners. It is believed that some politicians and law enforcement actors don’t fully understand exactly how backdoors work, and the risks they bring, and simply see them as the most convenient solutionto a challenging problem.
Many in the cybersecurity industry believe that it is very difficult, if not impossible, to create a backdoor that onlygovernments can access. Instead, they argue that it is privacy itself that provides greater safety, and that backdoors would make tempting targets for hackers to try and exploit, either directly or via the government operatives or systems holding the keys.
Also, the ability of government agencies to keep these keys secure has been called into question. Both the CIA and NSA suffered breaches of their own hacking toolsin 2017, and it’s been shown that government officials don’t personally always follow the best security practices. Stories about Hillary Clinton’s controversial email use and the multiple accusations of Russian-directed email hacking in the US hardly need re-stating, but MPs in the UK have also admitted to poor cybersecurity practices such as sharing computer logins with staff.
In addition, some fear that it isn’t just carelessness or attacks by hackers that could lead to encryption backdoors being compromised, but that intelligence agencies or government actors could intentionally abuse the capabilities.
Although backdoor proponents argue that they would never be used without a court order many critics are sceptical whether this standard would realistically be maintained, particularly in politically-sensitive investigations or espionage. They also point out that investigators can already collect a lot of information by using warrants to access social media accounts or data held by ISPs.
And the support for backdoors by government actors is by no means universal; the European Commission (EC) for example is so far siding with industry in the debate, advocating that determining the meaning of privacy should be down to the individual. The EC has said that using backdoors weakens the general security of cyberspace, though they have proposed that member states share information on how to crack encrypted devices.
With all of these issues in play it seems that the debate over who defines privacy will run and run, with tragic events such as the Sutherland Springs and San Bernadino mass shootingsoccasionally thrusting it back into the public spotlight. Ultimately an increase in understanding and engagement on both sides is needed for effective cybersecurity solutions to be developed; solutions that value both safety and privacy. And that will work in the real world.
Hywel Curtis is an experienced communications consultant and content strategist based in the UK. He specialises in helping businesses in the science and technology sectors around the world to grow and develop through better communication. Hywel is on Twitter here https://twitter.com/hrcurtis
CIO Study: Certificate-Related Outages Continue to Plague Organizations
Industry Research
Forrester Consulting Whitepaper: Securing the Enterprise with Machine Identity Protection
eBook
Machine Identity Protection for Dummies
About the author
Guest Blogger: Hywel Curtis
Hywel Curtis is an experienced communications consultant and content strategist based in the UK. He specialises in helping businesses in the science and technology sectors around the world to grow and develop through better communication.
PLEASE READ CAREFULLY BEFORE CONTINUING WITH REGISTRATION AND/OR ACTIVATION OF THE VENAFI CLOUD SERVICE (“SERVICE”).
This is a legal agreement between the end user (“You”) and Venafi, Inc. ("Venafi" or “our”). BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE AND/OR ACTIVATING AND USING THE VENAFI CLOUD SERVICE FOR WHICH YOU HAVE REGISTERED, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
You shall not access the Service if You are Our competitor or if you are acting as a representative or agent of a competitor, except with Our prior written consent. In addition, You shall not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, and you shall not perform security vulnerability assessments or penetration tests without the express written consent of Venafi.
This Agreement was last updated on April 12, 2017. It is effective between You and Venafi as of the date of Your accepting this Agreement.
The Venafi Cloud Service includes two separate services that are operated by Venafi as software as a service, each of which is separately licensed pursuant to the terms and conditions of this Agreement and each of which is considered a Service under this Agreement: the Venafi Cloud Risk Assessment Service or the Venafi Cloud for DevOps Service. Your right to use either Service is dependent on the Service for which You have registered with Venafi to use.
Definitions
“Your Data” means electronic data and information submitted by or for You to the Service or collected and processed by or for You using the Service.
License Grants and Restrictions
License Grant by Venafi to You. Venafi grants to You a limited, non-exclusive, non-transferable, non-assignable, limited license (the “License”) to access and use the Service during the applicable License Term set out in Section 2.2 below, in accordance with the instructions contained in the user documentation that accompanies the Service (“Documentation). Venafi hereby grants to You the right to use the Documentation solely in connection with the exercise of Your rights under this Agreement. Other than as explicitly set forth in this Agreement, no right to use, copy, display, or print the Documentation, in whole or in part, is granted. This license grant is limited to internal use by You. This License is conditioned upon Your compliance with all of Your obligations under this Agreement. Except for the express licenses granted in this Section, no other rights or licenses are granted by Venafi, expressly, by implication, by way of estoppel or otherwise. The Service and Documentation are licensed to Licensee and are not sold. Rights not granted in this Agreement are reserved by Venafi.
License Term.
Venafi Cloud Risk Assessment Service. If you have registered to access and use the Venafi Cloud Risk Assessment Service, Your right to use the Venafi Cloud Risk Assessment Service is limited to ninety (90) days from the date You first register for the Service, unless otherwise extended on Your agreement with Venafi.
Venafi Cloud for DevOps Service. If you have registered to access and use the Venafi Cloud for DevOps Service, Your right to use the Venafi Cloud for DevOps Service shall extend indefinitely and may be terminated by either You or Venafi at any time for any reason.
Restrictions on Use. The grant of rights stated in Sections 2.1 and 2.2, above, is subject to the following restrictions and limitations:
If You have registered to access and use the Venafi Cloud for DevOps Service, You must use SSL/TLS certificates issued to you at no charge through the Service for development and testing purposes only, and You are strictly prohibited from using such SSL/TLS certificates in a production environment or in any production capacity. If you are registered with a public Certification Authority (“CA”) supported by the Service and have valid credentials issued by such CA with which you can subscribe to such CA’s SSL/TLS certificates on a fee bearing basis for use in production environments, You may request such certificates through the applicable interface present in the Service by using such credentials. In such instance, the fee bearing certificate(s) will be issued to You by the CA and any access to or use of such certificates by You will be subject to the terms and conditions set out by the CA. No fees will be paid to or processed by Venafi in this case. The use of DigiCert issued certificates shall be subject to the Certificate Services Agreement published by DigiCert at https://www.digicert.com/docs/agreements/Certificate-Services-Agreement.pdf, which terms are hereby incorporated by reference.
You shall not use (or cause to be used) the Service for the benefit of any third party, including without limitation by rental, in the operation of an Applications Service Provider (ASP) service offering or as a service bureau, or any similar means.
You shall not distribute access to the Service, in whole or in any part, to any third party or parties. You shall not permit sublicensing, leasing, or other transfer of the Service.
You shall not (a) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein, (b) attempt to gain unauthorized access to the Service or its related systems or networks, (c) permit direct or indirect access to or use of the Service in a way that circumvents a contractual usage limit, or (d) access the Service in order to build a competitive product or service.
License Grant by You. You grant to Venafi and its affiliates, as applicable, a worldwide, limited-term license to host, copy, transmit and display Your Data as necessary for Venafi to provide the Service in accordance with this Agreement. Subject to the limited licenses granted herein, Venafi acquires no right, title or interest from You or any of Your suppliers or licensors under this Agreement in or to Your Data.
Ownership
Venafi Materials. Venafi and/or its suppliers have and shall retain ownership of all right, title and interest in and to the Service and the Documentation and all intellectual property rights embodied in the Service and Documentation, including without limitation any patents, copyrights, trademarks and trade secrets in the Service and any modifications and/or derivatives thereof, whether or not made at Licensee’s request, and all know-how, concepts, methods, programming tools, inventions, and computer source code developed by Venafi (collectively, “Venafi Materials”).
Limited Feedback License. You hereby grant to Venafi, at no charge, a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license under Your intellectual property rights in and to suggestions, comments and other forms of feedback (“Feedback”) regarding the Service provided by or on behalf of You to Venafi, including Feedback regarding features, usability and use, and bug reports, to reproduce, perform, display, create derivative works of the Feedback and distribute such Feedback and/or derivative works in the Service. Feedback is provided “as is” without warranty of any kind and shall not include any of Your confidential information.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 4, THE SERVICE AND DOCUMENTATION ARE PROVIDED “AS-IS,” WITH “ALL FAULTS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, RELIABILITY, OR NONINFRINGEMENT WHETHER ARISING FROM COURSE OF DEALING, USAGE, TRADE PRACTICE OR ANY OTHER MANNER. VENAFI IS NOT OBLIGATED TO PROVIDE ANY UPDATES, UPGRADES OR TECHNICAL SUPPORT FOR THE SERVICE. VENAFI DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. In no event does Venafi warrant that the Service is error free or that You will be able to operate the Service without problems or interruptions. Some jurisdictions do not allow the exclusion of implied warranties and to the extent that is the case the above exclusion may not apply.
Limitation of Liability
IN NO EVENT WILL VENAFI OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF VENAFI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages and to the extent that is the case the above limitation or exclusion may not apply to You.
Term and Termination
This License is effective until terminated as set forth herein or the License Term expires and is not otherwise renewed by the parties. Venafi may terminate this Agreement and/or the License at any time with or without written notice to You if You fail to comply with any term or condition of this Agreement or if Venafi ceases to make the Service available to end users. You may terminate this Agreement at any time on written notice to Venafi. Upon any termination or expiration of this Agreement or the License, You agree to cease all use of the Service if the License is not otherwise renewed or reinstated. Upon termination, Venafi may also enforce any rights provided by law. The provisions of this Agreement that protect the proprietary rights of Venafi will continue in force after termination.
Compliance With Laws
Violation of Laws. You shall not knowingly take any action or omit to take any action where the reasonably predictable result would be to cause Venafi to violate any applicable law, rule, regulation or policy and, to the extent not inconsistent therewith, any other applicable law, rule, regulation and policy.
Governing Law
This Agreement shall be governed by, and any arbitration hereunder shall apply, the laws of the State of Utah, excluding (a) its conflicts of laws principles; (b) the United Nations Convention on Contracts for the International Sale of Goods; (c) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (d) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.
General
This Agreement is binding on You as well as Your employees, employers, contractors and agents, and on any permitted successors and assignees. Except if otherwise superseded in writing by a separately executed agreement, this Agreement is the entire agreement between You and Venafi with regard to the License granted hereunder, and You agree that Venafi will not have any liability for any statement or representation made by it, its agents or anyone else (whether innocently or negligently) upon which You relied in entering into this Agreement, unless such statement or representation was made fraudulently. This Agreement supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Service. If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable and the remaining provisions will remain in full force and effect. Should such modification be impractical or denied, You and Venafi shall thereafter each have the right to terminate this Agreement on immediate notice.
Survival. The parties agree that the rights and obligations set forth in the above-referenced Section 1 (Definitions), 3 (Ownership), 4 (Disclaimer of Warranties), 5 (Limitation of Liability), 6 (Term and Termination), 7 (Compliance with Laws), 8 (Governing Law), and 9 (General) shall survive the termination of this Agreement for any reason and enforcement thereof shall not be subject to any conditions precedent.
Assignment. This Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and permitted assigns. You shall not assign this Agreement or any of Your rights or obligations hereunder without the prior written consent of Venafi and any such attempted assignment shall be void.
This site uses cookies to offer you a better experience. If you do not want us to use cookies, please update your browser settings accordingly. Find out more on how we use cookies.
