District Court Holds that Running Hash Values on Computer Is A Search: The case is United States v. Crist, 2008 WL 4682806 (M.D.Pa. October 22 2008) (Kane, C.J.). It's a child pornography case involving a warrantless search that raises a very interesting and important question of first impression: Is running a hash a Fourth Amendment search? (For background on what a "hash" is and why it matters, see here).

First, the facts. Crist is behind on his rent payments, and his landlord starts to evict him by hiring Sell to remove Crist's belongings and throw them away. Sell comes a cross Crist's computer, and he hands over the computer to his friend Hipple who he knows is looking for a computer. Hipple starts to look through the files, and he comes across child pornography: Hipple freaks out and calls the police. The police then conduct a warrantless forensic examination of the computer:

In the forensic examination, Agent Buckwash used the following procedure. First, Agent Buckwash created an "MD5 hash value" of Crist's hard drive. An MD5 hash value is a unique alphanumeric representation of the data, a sort of "fingerprint" or "digital DNA." When creating the hash value, Agent Buckwash used a "software write protect" in order to ensure that "nothing can be written to that hard drive." Supp. Tr. 88. Next, he ran a virus scan, during which he identified three relatively innocuous viruses. After that, he created an "image," or exact copy, of all the data on Crist's hard drive.

Agent Buckwash then opened up the image (not the actual hard drive) in a software program called EnCase, which is the principal tool in the analysis. He explained that EnCase does not access the hard drive in the traditional manner, i.e., through the computer's operating system. Rather, EnCase "reads the hard drive itself." Supp. Tr. 102. In other words, it reads every file-bit by bit, cluster by cluster-and creates a index of the files contained on the hard drive. EnCase can, therefore, bypass user-defined passwords, "break down complex file structures for examination," and recover "deleted" files as long as those files have not been written over. Supp. Tr. 102-03.

Once in EnCase, Agent Buckwash ran a "hash value and signature analysis on all of the files on the hard drive." Supp. Tr. 89. In doing so, he was able to "ingerprint" each file in the computer. Once he generated hash values of the files, he compared those hash values to the hash values of files that are known or suspected to contain child pornography. Agent Buckwash discovered five videos containing known child pornography. Attachment 5. He discovered 171 videos containing suspected child pornography.

One of the interesting questions here is whether the search that resulted was within the scope of Hipple's private search; different courts have approached this question differently. But for now the most interesting question is whether running the hash was a Fourth Amendment search. The Court concluded that it was, and that the evidence of child pornography discovered had to be suppressed:

The Government argues that no search occurred in running the EnCase program because the agents "didn't look at any files, they simply accessed the computer." 2d Supp. Tr. 16. The Court rejects this view and finds that the "running of hash values" is a search protected by the Fourth Amendment.

Computers are composed of many compartments, among them a "hard drive," which in turn is composed of many "platters," or disks. To derive the hash values of Crist's computer, the Government physically removed the hard drive from the computer, created a duplicate image of the hard drive without physically invading it, and applied the EnCase program to each compartment, disk, file, folder, and bit.2d Supp. Tr. 18-19. By subjecting the entire computer to a hash value analysis-every file, internet history, picture, and "buddy list" became available for Government review. Such examination constitutes a search.

I think this is generally a correct result: See my article Searches and Seizures in a Digital World, 119 Harv. L. Rev. 531 (2005), for the details. Still, given the lack of analysis here it's somewhat hard to know what to make of the decision. Which stage was the search — the creating the duplicate? The running of the hash? It's not really clear. I don't think it matters very much to this case, because the agent who got the positive hit on the hashes didn't then get a warrant. Instead, he immediately switched over to the EnCase "gallery view" function to see the images, which seems to be to be undoudtedly a search. Still, it's a really interesting question.

• Devices/OS: Companies such as VMWare, Citrix, Microsoft, and Sun are providing hypervisor, virtual machine, and virtual device solutions where several virtual “devices,” “servers,” or “desktops” can mimic separate physical devices.
• Networks: Virtualized networks enable dynamic collaboration by slicing bandwidth into virtual, isolated channels that can be assigned to a particular set of devices, real or virtual. Setting up new connections and collaborative environments becomes extremely easy.
• Applications: Virtual applications can either be streamed down to execute on local desktops (Microsoft App-V or Altiris SVS) or executed remotely from server farms such as Citrix XenApp. This allows applications to be portable and accessible from anywhere while reducing inter-application conflicts.

OnAir has so far tested their calling/texting-only service on two aircraft--one operated by Air France, one by TAP Portugal--even though RyanAir announced plans that its planes would started being unwired with the service by late 2007. Still no word on that fleet progress.

Qantas will apparently launch cached Web browsing and limited Web email (probably through a proxy) along with instant messaging, with full Internet service coming "later in 2009." This is clearly due to a lack of satellite coverage that was just remediated a few weeks ago (see below). The first plane with limited service, a new A380, should be in flight 20-October-2008.

The Morning Herald seems to overstate the importance and scope of a complaint filed by the union representing American Airlines' flight attendants. The detailed coverage in the U.S. had more to do with the potential for issues, and likely attendants lack of interest in policing yet another media on the plane. Filtering doesn't work, the attendants probably already know, and this may just be a negotiating point with the airline.

On why Qantas is waiting until late 2009? This requires unwinding how OnAir gets its signal.

Aeromobile and OnAir both rely on Inmarsat satellites for their service. Both companies had several years ago staked their futures on the fourth-generation network Inmarsat was to inaugurate with three satellites that would use beamforming to allow precise delivery of nearly 500 Kbps per receiver, with hundreds or thousands of regions being able to be targeted from a single satellite. Inmarsat's third-gen network--don't confuse this with 3G cellular ground-based networks--can deliver about 64 Kbps per channel.

Now, unfortunately, Inmarsat was three years late on launching its trans-Pacific bird. While the company claims 85 percent coverage of the earth and 98 percent coverage of population, there's a big gap over the Pacific that also prevents them from having good overlap between the U.S. and Japan/China/Korea, as well as the southern Pacific, covering Australia. Since the biggest market for long-haul flights would likely be Australia, Japan, and China, traveling trans-Pacific or trans-hemispheric routes, that gap is rather large.

Aeromobile opted to build out a service, deployed only by Emirates airline as far as I can tell, that uses the 3G service since it was available, and most necessary equipment is already installed on most over-water planes. OnAir was waiting for 4G, which has necessitated a long wait, but allowed them to launch in Europe with a seemingly next-generation service. Given that OnAir is controlled by an airline-owned integration firm, SITA, and by Airbus, they're not going anywhere.

Inmarsat finally lofted its third satellite on Baikonur Cosmodrome in Kazakhstan on 19-August-2008, and the launch and separation was reported as successful. Previously, the company has needed up to a year to verify and deploy its 4G satellites. (You can read extremely close coverage of the launch at a Web site devoted to space enthusiasm.)

However, the dirty little secret about Inmarsat's BGAN is that it costs a fortune to heft bandwidth across it. Thus, in-flight broadband over BGAN, if it's ever available, is going to be changed on an extremely high per-MB rate. None of the providers want to say this. This is in contrast to Row 44 (and, once, Connexion by Boeing), which relies on leased Ku-band transponders where they can fix costs and they require high volumes to keep per-bit costs efffectively low.

OnAir's launch of calling on Air France's service involves paying a few euros per minute for calls, which might help you understand what data costs could ultimately run.

The panel will discuss fourth-generation (4G) networks, including both LTE and WiMax, and discuss what these networks might deliver, as well as how Wi-Fi networks fit into this future.

One of the organizers asked if I'd solicit questions--you can post them below--which they'll try to ask during the panel. The group would then write up responses which could posted in turn here.

The powerhouse that is Kevin Werbach, a professor at The Wharton School, is moderating the event. Werbach has been part of interesting thinking about spectrum for many years, a former editor of Release 1.0, and a former FCC staffer. He'll share the stage with a fairly high-powered crowd, including AT&T's enterprise architect for mobility, the president of NAC, and senior people from Comcast and Sprint Xohm.

The event is part of the Mid-Atlantic Chapter series called MobileMonday, an interesting business group that's trying to provoke discussion and development around mobile technology and access. This particular event is sponsored by local business development organization Select Greater Philadelphia.

First, the most obvious conclusion: people still don't care much about log security; I am saying that since this was BY FAR the least popular of my polls. Only 24 people responded, so everything below is pretty unscientific :-)  A good way to explain it: look at the recent media? Do these people care about their key business data and their customer data security? Nope. So, how on Earth do you make them care about securing their log data?

Second,  it is entirely unsurprising that 83% of respondents want "Authenticated access to log server." In fact, I'd opine that 100% of people want authenticated access to any of their servers :-) But, this was my "red herring" to set the baselines for the rest of the questions... 

However, this is where the buck stops: other security measures are notably less popular.

Third, "Logging all access to logs" is my favorite and I am happy to see it reported as popular. But do you really do it?  Do you log access to log server OR access to actual logs? Think about it... I think a lot of people who do the latter still answered "yes" to this one.

Fourth,  "Reliable / acknowledged network transfer of log data" and "Encryption of log data in transit " are two true "no-brainer" security features; they took the next spot at 45% and 50% of those who answered. They are simple, they are easy, they make  sense - and, obviously, they don't make logs entirely secure so you need to do more. Why only 50%? Where is THE OTHER 50%?!

Fifth, "all things crypto" are below 40%. "Cryptographic hashing of stored logs", "Cryptographic signing of stored log data" and "Encryption of stored log data" all hover at around 30%. I attribute them to general disregard of log security AND reliance on "system security" (separate server, etc) over "data security" measures for log protection.

Finally, I am embarrassed to say that I missed  the obvious security measure "Separate server for logging, not accessible from the Internet;" one of my readers added this using "Other security measures" choice. Indeed, this is a good point - and a good idea to do it. Another option mention there was "Destroy old logs." Amen to that too!

Possibly related posts:

• Top 11 Reasons to Secure and Protect Logs
• All other polls and their analysis

Fourth US airline to go Wi-Fi: Aircell says they have a fourth airline--after American, Delta, and Virgin America--on board for its in-flight Wi-Fi service. The aerial broadband provider's latest partner will be announced soon. Aircell's service went live in 15 American Airlines planes two weeks ago, and there's been a surprising lack of reporting from regular travelers or journalists since the big splash at the launch.

Microsoft, two universities research methods for better Wi-Fi handoff for vehicles: The researchers developed a method they call Vi-Fi, writes the Seattle Post-Intelligencer's Todd Bishop, which allows a system to maintain connections with several base stations at once, using a primary access point for traffic until a discontinuity is predicted or encountered. This allows seamless handoffs and continuous voice conversations.

Speaking of autos and Wi-Fi, concerns raised about Chrysler's in-car Wi-Fi option: Randall Stross wrote nearly two weeks ago in The New York Times about the problem of distraction. With the Internet at your fingertips, can you restrain yourself? The only problem with the humorous and accurate analysis is that millions of business travelers have 3G access via laptop cards already, so you'd think we'd already be seeing the bad effects of automotive area networks.

A Wi-Fi booster can't post availability signs on highway: The Nebraska town of Louisville has free Wi-Fi downtown, and wanted to post "Visitor Wi-Fi" on a highway sign as another amenity. The state highway department has a policy that doesn't allow the promotion of Wi-Fi, because they believe they'd be inundated. A resident who runs a local Internet firm installed his own signs on the highway; the roads department removed them; he remounted them; they were removed again. The idea of zoning and mounting a billboard apparently hasn't come to the city officials' minds (or perhaps they're prohibited).

The folks spreading misinformation about Wi-Fi health effects cause Ulster school to disable network: I can understand why non-technical folks might think that Wi-Fi has been proven to be unsafe, given the kind of information that's available on the Internet about wireless safety. While there are ongoing studies about the safety of cellular signals--and I'm convinced at this point there's no increased risk to an adult's health by using a cell phone--there is no specific and credible research linked to Wi-Fi, which broadcasts signals at a far lower level than a cell phone, most of the time in most uses.

Washington state shuts down rest-area Wi-Fi: The $3 for 15 minutes, $7 per day, or $30 per month Wi-Fi service at 28 of Washington's 42 rest areas has been turned off after a year for lack of use. Figures. The fees charged by Parsons and Road Connect aren't unreasonable for a nationally scoped plan, but are ridiculous for limited use. States should either bite the bullet and offer these service for free, partner with national roaming operators who can resell service into large networks of business travelers, or use ads to support the service. Highways in remote areas can typically pick up cell data networks, and ongoing costs should be minimal to operate such networks.

IEEE approves fast-roaming standard, 802.11r: This new standard is designed to improve the handoff of devices between base stations. This is accomplished in part by allowing base stations to communicate security and quality of service information so that a VoIP over WLAN phone can immediately reassociate without the delay of authentication and other handshaking.

Denver airport sees 7,000 connections on a single day last week due to Democratic National Convention: FreeFi released the usage figures recently to show how their service is operating. The network started with about 600 daily users when the switchover from fee to free happened 10 months ago, and now carries about 3,500 daily connections.

Coffee Bean & Tea Leaf goes free: The chain of about 700 cafes will have free Wi-Fi installed by now in all its company-owned stores (about 300).

"Q: Where do you see Russia fitting into this as it comes onto the scene?

Rogers: I don’t. Russia will continue to disintegrate. The Soviet Union has already broken up into 15 countries. Putin controls Petersburg, Moscow, a few airports, et cetera, but Russia never has been a homogeneous [nation] - I mean, in the Soviet Union there were 124 - the "official" number was 124 - ethnic, linguistic, religious, historic and national groups. 

It’s broken up into 15 states. It’ll be 50 … it’ll be 100 [states] before it’s over. Ukraine may break up next. Who knows who’ll break up [after that]? Maybe even parts of Russia. 

To the bulls who say I’m wrong, my rejoinder is this: Let me ask you about Chechnya. The Russians have been trying to deal with Chechnya for 15 years with no success. 

Chechnya’s the size of Connecticut. Chechnya has a million-and-a-half people. If they can’t handle Chechnya, how is the Soviet Union, or Russia, going to handle these other places that are pulling away? 

There’s capitalism there, but it’s outlaw capitalism. If you’re good with dealing with the Mafia, you can probably make a fortune, if you’re on the ground [there]. For the most part, they have a lot of natural resources, which has been great. 

They have huge foreign reserves, but they’re stripping the assets. 

They’re not reinvesting for the most part in productive capacity. They’re stripping the assets. You know, oil production has peaked in Russia, even though there could conceivably be gigantic amounts of oil there somewhere. Nearly everything has peaked, because they have been stripping the assets, rather than reinvesting. "

Last summer, the House of Lords Science and Technology Committee issued a report on "Personal Internet Security." I was invited to give testimony for that report, and one of my recommendations was that software vendors be held liable when they are at fault. Their final report included that recommendation. The government rejected the recommendations in that report last autumn, and last week the committee issued a report on their follow-up inquiry, which still recommends software liabilities. Good for them. I'm not implying that liabilities are easy, or that all the liability for security vulnerabilities should fall on the vendor. But the courts are good at partial liability. Any automobile liability suit has many potential responsible parties: the car, the driver, the road, the weather, possibly another driver and another car, and so on. Similarly, a computer failure has several parties who may be partially responsible: the software vendor, the computer vendor, the network vendor, the user, possibly another hacker, and so on. But we're never going to get there until we start. Software liability is the market force that will incentivise companies to improve their software quality – and everyone's security.