Senator Ron Wyden asked, and the NSA didn’t answer:
The NSA has long sought agreements with technology companies under which they would build special access for the spy agency into their products, according to disclosures by former NSA contractor Edward Snowden and reporting by Reuters and others.
These so-called back doors enable the NSA and other agencies to scan large amounts of traffic without a warrant. Agency advocates say the practice has eased collection of vital intelligence in other countries, including interception of terrorist communications.
The agency developed new rules for such practices after the Snowden leaks in order to reduce the chances of exposure and compromise, three former intelligence officials told Reuters. But aides to Senator Ron Wyden, a leading Democrat on the Senate Intelligence Committee, say the NSA has stonewalled on providing even the gist of the new guidelines.
The agency declined to say how it had updated its policies on obtaining special access to commercial products. NSA officials said the agency has been rebuilding trust with the private sector through such measures as offering warnings about software flaws.
“At NSA, it’s common practice to constantly assess processes to identify and determine best practices,” said Anne Neuberger, who heads NSA’s year-old Cybersecurity Directorate. “We don’t share specific processes and procedures.”
Three former senior intelligence agency figures told Reuters that the NSA now requires that before a back door is sought, the agency must weigh the potential fallout and arrange for some kind of warning if the back door gets discovered and manipulated by adversaries.
The article goes on to talk about Juniper Networks equipment, which had the NSA-created DUAL_EC PRNG backdoor in its products. That backdoor was taken advantage of by an unnamed foreign adversary.
Juniper Networks got into hot water over Dual EC two years later. At the end of 2015, the maker of internet switches disclosed that it had detected malicious code in some firewall products. Researchers later determined that hackers had turned the firewalls into their own spy tool here by altering Juniper’s version of Dual EC.
Juniper said little about the incident. But the company acknowledged to security researcher Andy Isaacson in 2016 that it had installed Dual EC as part of a “customer requirement,” according to a previously undisclosed contemporaneous message seen by Reuters. Isaacson and other researchers believe that customer was a U.S. government agency, since only the U.S. is known to have insisted on Dual EC elsewhere.
Juniper has never identified the customer, and declined to comment for this story.
Likewise, the company never identified the hackers. But two people familiar with the case told Reuters that investigators concluded the Chinese government was behind it. They declined to detail the evidence they used.
Okay, lots of unsubstantiated claims and innuendo here. And Neuberger is right; the NSA shouldn’t share specific processes and procedures. But as long as this is a democratic country, the NSA has an obligation to disclose its general processes and procedures so we all know what they’re doing in our name. And if it’s still putting surveillance ahead of security.