Cloud

OAKLAND, CA—Newly discovered court documents from two federal criminal cases in New York and California that remain otherwise sealed suggest that the Department of Justice (DOJ) is pursuing an unusual legal strategy to compel cellphone makers to assist investigations.

In both cases, the seized phones—one of which is an iPhone 5S—are encrypted and cannot be cracked by federal authorities. Prosecutors have now invoked the All Writs Act, an 18th-century federal law that simply allows courts to issue a writ, or order, which compels a person or company to do something.

Some legal experts are concerned that these rarely made public examples of the lengths the government is willing to go in defeating encrypted phones raise new questions as to how far the government can compel a private company to aid a criminal investigation.

Underscoring just how broken the widely used MD5 hashing algorithm is, a software engineer racked up just 65 cents in computing fees to replicate the type of attack a powerful nation-state used in 2012 to hijack Microsoft’s Windows Update mechanism.

Nathaniel McHugh ran open source software known as HashClash to modify two separate images—one of them depicting funk legend James Brown and the other R&B singer/songwriter Barry White—that generate precisely the same MD5 hash, e06723d4961a0a3f950e7786f3766338. The exercise—known in cryptographic circles as a hash collision—took just 10 hours and cost only 65 cents plus tax to complete using a GPU instance on Amazon Web Service. In 2007, cryptography expert and HashClash creator Marc Stevens estimated it would require about one day to complete an MD5 collision using a cluster of PlayStation 3 consoles.

The MD5 hash for this picture—e06723d4961a0a3f950e7786f3766338—is precisely the same for the one below. Such “collisions” are a fatal flaw for hashing algorithms and can lead to disastrous attacks.

The practical ability to create two separate inputs that generate the same hash is a fundamental flaw that makes MD5 unsuitable for most purposes. (The exception is password hashing. Single iteration MD5 hashing is horrible for passwords but for an entirely different reason that is outside the scope of this post.) The susceptibility to collisions can have disastrous consequences, potentially for huge swaths of the Internet.

GCHQ building at Cheltenham, Gloucestershire.

UK Ministry of Defence

Writing that “privacy has never been an absolute right,” Robert Hannigan, the head of British spy agency GCHG, urged the US tech sector to assist the fight against terrorism and other crimes by opening up their proprietary networks to government authorities.

Hannigan

GCHQ

Hannigan, in a Financial Times editorial on Monday, suggested that “technology companies are in denial” over the Internet’s use “to facilitate murder or child abuse.” He wrote that the time was ripe for “addressing some uncomfortable truths” and went on to say the public wouldn’t mind if technology companies gave governments backdoor access either.

They do not want the media platforms they use with their friends and families to facilitate murder or child abuse. They know the Internet grew out of the values of western democracy, not vice versa. I think those customers would be comfortable with a better, more sustainable relationship between the agencies and the technology companies.

“Better do it now than in the aftermath of greater violence,” Hannigan added.

Hannigan’s opinion piece follows similar comments by FBI Director James Comey and US Attorney General Eric Holder. And a day after Hannigan’s comments, the Electronic Frontier Foundation of San Francisco released a “Secure Messaging Scorecard” that rated which messaging technologies are “truly safe and secure.”