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White Paper & Bio
Computer and network security researchers currently face a dearth
of usable data about real networked information systems. Researchers,
as well as Congress and funding agencies, have identified improving
access to real-world data about these systems as critical to advancing
the state of cyber defenses. In particular, increased sharing of communications
data would help to shed light on modern-day threats and would significantly
aid cyber defense research efforts. Despite considerable attention
to this problem, and some highly innovative efforts within government
and academia to address it, data sharing for security research remains
a legally and economically risky endeavor. I offer a few thoughts
about how legal, economic, and technical obstacles to data sharing
interact, and how we might address these obstacles without unduly
threatening individual privacy protection. 1. Technical Obstacles.
Technology has an important supporting role to play in facilitating
increased data sharing for research purposes, but technology alone
appears unlikely to remedy the current dearth of useful data. Data
anonymization remains a topic of active research, with new anonymization---and
de-anonymization---techniques under active development. Different
types of data present different challenges for anonymization; and,
given the diverse types of data that security researchers need, relying
on anonymization as a primary means of making sources comfortable
with sharing data more broadly might set an impossibly high bar. Moreover,
anonymization and other technical measures might not cure the legal
and organizational problems that confront sharing communications data.
2. Legal Obstacles. A number of laws make sharing communications data
a legally risky proposition, but the most generally applicable one
is the Electronic Communications Privacy Act (ECPA). The ECPA generally
prohibits interceptions of communications and, under many circumstances,
prohibits the disclosure of stored communications contents and records.
The ECPA, however, allows some leeway to organizations that intercept
communications to protect the security of their own networks and computer
systems; and it imposes essentially no limits on organizations' internal
retention and uses of stored communications. Thus, the ECPA contains
significant gaps with respect to protecting individual privacy, but
its sharp distinction between use and disclosure poses a real obstacle
for sharing data for the socially beneficial purpose of security research.
A broader conversation about how the law should protect communications
data is overdue. Though legal reform might not be sufficient to improve
security researchers' access to data (see below), it may be necessary.
3. Economic and Organizational Obstacles. Even when the law doesn't
prohibit sharing data, a number of other factors may prevent the organizations
that control relevant data from sharing it. One concern is that data
sources want to prevent security-sensitive data from falling into
the hands of attackers, whether through accidental or purposeful disclosures.
Another organizational impediment to data sharing is that some potential
sources might promise their customers or subscribers more privacy
protection than the law requires; or they might wish to avoid public
backlash that might follow sharing data, even with strong technical
and non-technical (e.g., non-disclsure agreements and risk assessments)
measures in place. Finally, data sources wish to avoid sharing data
that competitors might use against them. Finding ways to address these
problems appears is a necessary complement to legal reform and technical
approaches to protecting the confidentiality of data.
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Biographical Data
Aaron Burstein is the TRUST and ACCURATE Research Fellow at the
Samuelson Law, Technology Public Policy Clinic and the Berkeley
Center for Law and Technology at the University of California, Berkeley
School of Law (Boalt Hall). Burstein's resesarch interests include
security, transparency, privacy, and intellectual property. With
support from the NSF-funded TRUST (Team to Research Ubiquitous Secure
Computing) and ACCURATE (A Center for Correct, Usable, Reliable,
Auditable, and Transparent Elections) centers, Burstein is studying
these themes in the contexts of pervasive computing and electronic
voting. He has also written about cybercrime and legal issues surrounding
digital rights management systems. Burstein holds a J.D. from Boalt
Hall (2004). After finishing law school, he served for two years
as a trial attorney in the U.S. Department of Justice Antitrust
Division. Prior to attending law school, Burstein studied chemistry
at Brown University and UC Berkeley and worked as a programmer for
a medical imaging research center.
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