[HN Gopher] Three ex-US intelligence officers admit hacking for UAE
       ___________________________________________________________________
        
       Three ex-US intelligence officers admit hacking for UAE
        
       Author : andrewnicolalde
       Score  : 469 points
       Date   : 2021-09-15 16:26 UTC (6 hours ago)
        
 (HTM) web link (www.justice.gov)
 (TXT) w3m dump (www.justice.gov)
        
       | shmatt wrote:
       | This is an increasing problem in Israel as well.
       | 
       | Soldiers who spent years in the exploit-finding units of 8200
       | (Israeli NSA) can work for NSO and stay in Israel. But they can
       | also leave the country and work for foreign entities. Sometimes
       | without even knowing who their employer is
       | 
       | One famous case was "Dark Matter" a UAE company who set up
       | offices in Cyprus and offered 8200 soldiers 7 figures (in USD) a
       | year salaries to relocate, outside of the Israeli Government
       | oversight - which NSO need to adhere to, and work for them
        
         | jackpirate wrote:
         | I'd love to read more about this if you have a source.
        
           | SpikedCola wrote:
           | Darknet Diaries [0] does an episode that involves DarkMatter
           | 
           | [0] https://darknetdiaries.com/episode/47/
        
           | shmatt wrote:
           | You'd have to depend on Google Translate quality but this is
           | a good article
           | https://www.themarker.com/technation/.premium-1.7972249
        
           | ThisIsTheWay wrote:
           | In addition to Darknet Diaries, there is a lot of interesting
           | info in Nicole Perlroth's new book titled "This Is How They
           | Tell Me the World Ends"
           | 
           | https://www.bloomsbury.com/us/this-is-how-they-tell-me-
           | the-w...
        
             | azemetre wrote:
             | Seconding this recommendation. It's a great history of how
             | the exploit market came to be in general.
        
         | burkaman wrote:
         | It's DarkMatter again in this case:
         | https://www.nytimes.com/2021/09/14/us/politics/darkmatter-ua...
        
       | wwwdonohue wrote:
       | Funny quote from Lori Stroud:
       | 
       | > The bureau's dedication to justice is commendable... the most
       | significant catalyst to bringing this issue to light was
       | investigative journalism - the timely, technical information
       | reported created the awareness and momentum to ensure justice
       | 
       | A lot of moral superiority there when based on how Stroud has
       | talked about her own work with Project Raven [1], she was
       | perfectly happy to help the UAE kidnap, torture, and disappear
       | dissidents (including children), human rights activists, and
       | journalists.
       | 
       | [1] https://www.reuters.com/investigates/special-report/usa-
       | spyi...
        
       | robbiet480 wrote:
       | More interesting to me is that one of the named persons, Daniel
       | Gericke, is the CIO of ExpressVPN [1] which sold yesterday, the
       | same day that the DoJ came to this prosecution agreement (!), for
       | just under $1 billion. [2]
       | 
       | [1]: https://www.cnet.com/tech/services-and-
       | software/expressvpn-c... [2]:
       | https://www.techradar.com/news/expressvpn-to-join-kape-in-la...
        
         | tyingq wrote:
         | Hah. Anticipated bail money, perhaps :)
        
         | nostromo wrote:
         | It's crazy to me how many unscrupulous actors there are in the
         | VPN space where you really _really_ need to trust your
         | provider.
         | 
         | I don't trust my ISP much at all, but I still trust them more
         | than almost any VPN provider.
        
           | mensetmanusman wrote:
           | ISPs send emails immediately if someone uses your IP address
           | to download a BBC episode.
        
           | midnightGhost wrote:
           | I'm in the same boat. Though I actually do trust my VPN
           | provider Mullvad. Highly talked about, based in Switzerland,
           | and Mozilla also uses them for their VPN service.
           | 
           | Edit: Sorry. Not Switzerland. Sweden. For some reason thought
           | Switzerland.
        
             | croes wrote:
             | Switzerland, home of the Crypto AG. Switzerland lost its
             | reputation as a secure privacy haven.
        
               | scns wrote:
               | The mail service that handed over data of a customer to a
               | foreign government and changed the privacy statement on
               | their site is based there too IIRC. The name eludes me
               | know, surely several readers can provide it.
        
               | TacticalCoder wrote:
               | protonmail? Although I take it they are still to be
               | trusted more than most.
        
               | ChuckNorris89 wrote:
               | Plus the recent Protonmail fiasco.
        
               | legrande wrote:
               | > Protonmail fiasco
               | 
               | Not a fiasco as they're required by law to keep IP logs.
               | You can disable the logging of IP sessions in the PM
               | dashboard, but you can't guarantee that PM will _not_
               | keep logs, since their servers are all Public Internet
               | Facing. The only way Protonmail is 100% zero knowledge is
               | to be a 100% a dark-net /Tor service, which immediately
               | turns off 99% of their users.
        
               | dylan604 wrote:
               | If you misled your users into thinking that this isn't
               | something you would do, but as soon as shit hits the fan
               | and the PR makes it impossible to keep the ruse going.
               | It's a total fiasco to that business' marketing
               | department.
        
             | maxwelldone wrote:
             | Mullvad is great. They are from Sweden, not Switzerland.
             | Not sure if anyone else does it but you can just mail them
             | cash anonymously to get started.
        
             | stef25 wrote:
             | Always wondered why people don't just create their own
             | using something like Outline on a DO droplet (bithost) ?
             | How is Mullvad better?
             | 
             | I don't understand how we should trust a company we know
             | nothing about other than the text they put on their website
             | which basically means nothing.
        
               | craig131 wrote:
               | They're probably trying to separate their billing
               | information from public IP address which is the benefit
               | of using a service that is crypto friendly
        
               | atmosx wrote:
               | Because the threat model is different than the one you
               | have in mind. VPN providers for 5$ a month will give you
               | multiple proxies throughout the world. Spinning up 70
               | droplets in different regions is not a viable cost
               | effective solution.
        
               | jaywalk wrote:
               | You can use Mullvad without supplying any personal
               | information (not even an email address) and pay by
               | literally sending them an envelope with cash in it.
               | That's as good as it gets when it comes to preserving
               | privacy.
        
           | simorley wrote:
           | I no more trust VPN providers than I do online pdf
           | converters. I wonder how many people submit their sensitive
           | documents to these online services to convert their documents
           | to pdf.
        
             | Aerroon wrote:
             | If the only way they know how to make their document into a
             | PDF is an online converter and they need the document as
             | PDF them that's what they're going to do. It really doesn't
             | help that exporting documents as a PDF was an arcane
             | process for a long time.
        
             | kwertyoowiyop wrote:
             | I'm going to start an online Excel proofreader and logic
             | checker. Should be interesting!
             | 
             | /JK
        
           | beermonster wrote:
           | And likewise, although I don't trust Cloud service providers
           | all that much... I'd sooner spin up my own VM and run
           | strongSwan or WireGuard than use a VPN provider.
        
             | aborsy wrote:
             | Now you have to trust your VM provider, mostly US
             | providers, that actually mention they collect some data and
             | traffic to improve their services and comply with law.
        
               | beermonster wrote:
               | This is true. But you can't have an internet connection
               | without trusting at least _somebody_ ?
        
           | downWidOutaFite wrote:
           | I don't trust any security-oriented software of any kind.
        
           | arthur_sav wrote:
           | The US has spent considerable time and money to add backdoors
           | to any piece of software & hardware that exists out there.
           | So, i'd imagine, VPNs to be high on the list because of their
           | nature.
           | 
           | I would not trust VPNs for any kind of serious privacy, at
           | least not the popular ones. Maybe some small niche VPNs can
           | fly under the radar.
        
             | SahAssar wrote:
             | Anyone expecting real privacy would use a VPN paid with
             | SnailOnionCoin over a double-TOR homomorphic tunnel on
             | tails.
        
           | intricatedetail wrote:
           | If VPNs really protected from anything they would be illegal.
           | At best you can slightly avoid being targeted by advertisers.
           | I assume any system I use is compromised already.
        
           | latchkey wrote:
           | Why would you want to trust your VPN provider?
           | 
           | That's like saying: "you really really need to trust a
           | Bitcoin miner"
           | 
           | I'd hope the VPN service is built and operated in a way that
           | doesn't require trust, but provides the same level of
           | security.
           | 
           | edit: Since there is confusion in the responses. I'd prefer
           | to trust no-one.
        
             | bcrosby95 wrote:
             | > I'd hope the VPN service is built and operated in a way
             | that doesn't require trust
             | 
             | Unless you're continuously verifying, this requires trust
             | that it is built that way and/or won't be changed in the
             | future.
        
             | HappySweeney wrote:
             | How would you verify there are no logs kept?
        
               | latchkey wrote:
               | Inverse is true as well. How do you prove it?
        
               | cblconfederate wrote:
               | Someone can steal their logs
        
               | jonfw wrote:
               | You can't prove it, which is why you want to find a VPN
               | provider you can trust
        
             | whoknew1122 wrote:
             | But then you have to trust that the VPN service is built
             | and operated the way they say it is.
             | 
             | Or have we already forgot about Zoom's "end-to-end
             | encryption?"
        
             | BenoitEssiambre wrote:
             | I don't think VPNs go that far. Wouldn't that be more like
             | Tor type of security?
        
             | kbenson wrote:
             | There's _always_ trust involved. You have to trust the DNS
             | infrastructure, you have to trust your ISP, you have to
             | trust the VPN provider. You don 't have to trust them
             | completely, but you have to trust them at least somewhat.
             | 
             | We take steps to reduce the amount of trust required, such
             | as splitting that trust across many parties, so any one
             | party hopefully can't betray us enough that it matters or
             | that we don't notice, but there's still a lot of trust. For
             | example, we use SSL certificates and certificate
             | authorities that are known ahead of time to protect from
             | problems on the network, but that requires you trust your
             | OS and/or your browser, which is generally how you receive
             | those certificate authorities. If I'm able to get my own CA
             | on your system and trusted, and I can see your traffic, it
             | doesn't matter whether you're using HTTPS connections.
             | 
             | A VPN provider might say they're not keeping logs, or that
             | their servers are not beholden to a third party and traffic
             | is not being analyzed, but ultimately all you have is their
             | word on that. Ultimately, the only thing different between
             | you connecting to the NSA and routing all your traffic
             | (even if your traffic is mostly encrypted) through them so
             | they can look at it and a VPN provider is that you trust
             | the VPN provider when they say they aren't the NSA and they
             | aren't looking at your traffic.
        
               | aborsy wrote:
               | It's worth mentioning that, if you listen to the podcast
               | mentioned in this thread, DarkMatter, the hacking
               | company, at some point ran a certificate authority that
               | was recognized by browsers including Chrome and Firefox,
               | until lately that news about them came out.
               | 
               | I wouldn't blindly trust CAs either.
        
               | kbenson wrote:
               | Oh, I don't, it's just also really hard to vet that stuff
               | adequately as a single person, and also why HTTPS isn't
               | always adequate.
               | 
               | There's DNS and root servers to consider as well (but
               | that might be harder to hide with all the caching going
               | on).
               | 
               | I almost edited my above comment a few minutes afterwards
               | to append something like "and honestly, it would be
               | pretty hard to convince me the NSA or some other group
               | hasn't run one or more VPN providers in the past. The
               | only question in my eye is whether it was a popular one
               | or not."
        
         | homarp wrote:
         | "ExpressVPN Knew 'Key Facts' of Executive Who Worked for UAE
         | Spy Unit" - https://www.vice.com/en/article/3aq9p5/expressvpn-
         | uae-hackin...
        
       | openasocket wrote:
       | I really don't think deferred prosecution is warranted here, this
       | should have been a plea deal. I'm ambiguous on whether or not
       | these guys should serve jail time, but they deserve a criminal
       | conviction and a criminal record.
        
       | 5faulker wrote:
       | Won't be the first time this happens...
        
       | truted2 wrote:
       | > to obtain remote, unauthorized access to any of the tens of
       | millions of smartphones and mobile devices utilizing a U.S.
       | Company Two-provided operating system
       | 
       | U.S. Company Two provides a mobile operation system. Hmmm, now
       | who could that be?
        
         | kccqzy wrote:
         | My first thought was that it must be Apple.
         | 
         | But the article says,
         | 
         | > In August 2017, U.S. Company Two updated the operating system
         | for its smartphones and other mobile devices, limiting KARMA
         | 2's functionality.
         | 
         | I didn't find any meaningful security updates by Apple in
         | August 2017: https://support.apple.com/en-us/HT201222 The only
         | one listed on that page was about using HTTP to send analytics
         | data, which I don't think is the one that disabled KARMA 2.
         | 
         | Then I looked at Google. There are multiple RCE vulns with
         | severity Critical during these two months:
         | https://source.android.com/security/bulletin/2016-09-01 and
         | https://source.android.com/security/bulletin/2017-08-01
        
           | tyrfing wrote:
           | It's Apple, see the Reuters report from 2019:
           | https://www.reuters.com/investigates/special-report/usa-
           | spyi...
           | 
           | Here's KARMA: https://citizenlab.ca/2016/08/million-dollar-
           | dissident-iphon...
           | 
           | Looking at CVEs, my guess for KARMA 2 is CVE-2017-8248,
           | patched in 10.3.3. Bit of a stretch, though. Looks like
           | whatever was patched was never really publicized.
           | 
           | https://nvd.nist.gov/vuln/detail/CVE-2017-8248
        
       | bmcn2020 wrote:
       | Does anyone know whether the spyware mentioned is anyhow related
       | to Project Pegasus[1? It's also really interesting that Apple
       | patched Security issues for iOS that was targeted by NSO Group
       | and makes me wonder if that might be the same vulnerabilities
       | exploited by the UAE hacker for higher company [2]. [1]
       | [https://cybernews.com/news/expressvpn-cio-daniel-gericke-fin...]
       | [2] https://www.npr.org/2021/09/14/1036869715/apple-issues-
       | criti...
        
       | clarle wrote:
       | Based on the timeline, is U.S. Company Two Google or Apple?
       | 
       | Who had security patches released in September 2016 and August
       | 2017?
        
       | academia_hack wrote:
       | If you actually read OP's link, the charges seem to have nothing
       | to do with the fact that these individuals once worked for the US
       | gov. Instead, the US federal government seems to be asserting
       | that knowledge of offensive security tools and practices in
       | Cybersecurity consultancy is somehow ITAR restricted in the same
       | way that a weapon blueprint would be. That strikes me as
       | absolutely preposterous and I'm disappointed the defendants
       | settled rather than pushed back on obvious federal overreach into
       | the lives and careers of private persons.
        
         | Cd00d wrote:
         | ITAR is extremely restrictive.
         | 
         | I used to build sensing systems, where I'd include an off-the-
         | shelf infra-red camera.
         | 
         | Couldn't sell the combined system abroad because the IR was
         | ITAR restricted.
        
         | darkarmani wrote:
         | Doesn't it say one of the individuals is an ex-US citizen? I'm
         | curious around that mention. How is he being charged in that
         | case?
        
         | x86_64Ubuntu wrote:
         | There's a lot of stuff that's ITAR restricted. You can't be
         | privy to classified information such as submarine prop design,
         | or turbine blade design, and then branch off your own for other
         | clients using said information.
        
           | [deleted]
        
           | sterlind wrote:
           | Under ITAR you can't even sell your own submarine props to
           | foreign countries, even if you were never exposed to
           | classified designs, right? That's why ITAR originally applied
           | to PGP.
        
         | LatteLazy wrote:
         | Settle now OR spend 20 years and millions of dollars fighting
         | it and relying on judges who've never used a computer to
         | understand complicated technical matters...
        
           | jacquesm wrote:
           | I think the number of judges who have never used a computer
           | is going to be vanishingly small by now.
        
         | sigmar wrote:
         | "Prior to their departure, U.S. Company One repeatedly informed
         | its employees, including the defendants, that the services they
         | were providing constituted "defense services" under the ITAR,
         | and that U.S. persons could not lawfully provide such services
         | to U.A.E."
         | 
         | If the above was documented, I don't think "I didn't know"
         | would have worked in court. Also even if they fought the ITAR
         | charges, they were accused of CFAA charges
        
       | [deleted]
        
       | thepasswordis wrote:
       | Increasingly it seems like our elites look at The US as a
       | resource to be mined, not a home, not a collaborative project.
        
         | asdff wrote:
         | That's all its ever been. The homestead act made this explicit
         | in law.
        
         | kbenson wrote:
         | I think there have always been powerful people that feel this
         | way, in all countries. The problem is thinking it's something
         | new or unique to here, which leads one to think it can be
         | solved if we just look for what changed to make them that way.
         | 
         | No. They've always been there, they've always acted this way.
         | It's not a problem because of increasing lack of patriotism, or
         | a divided populace, it's just power and greed and people that
         | see themselves as not beholden to to any one state. Thinking
         | it's something it's not will just lead to proposed solutions
         | that don't actually do much to affect the problem. Any solution
         | needs to be internalized and divorced from the idea that this
         | is a recent problem that we can stop caring about once we
         | "solve" it.
        
         | gorwell wrote:
         | Parasites took over at least since the 70s and are still in
         | power today, extracting everything they can. I think it's
         | reaching a breaking point now.
         | 
         | https://wtfhappenedin1971.com/
        
           | lioeters wrote:
           | The historical reference:
           | 
           | > The Nixon shock was a series of economic measures
           | undertaken by United States President Richard Nixon in 1971,
           | in response to increasing inflation, the most significant of
           | which were wage and price freezes, surcharges on imports, and
           | the unilateral cancellation of the direct international
           | convertibility of the United States dollar to gold.
           | 
           | Nixon shock - https://en.wikipedia.org/wiki/Nixon_shock
           | 
           | Nixon and the End of the Bretton Woods System, 1971-1973 -
           | https://history.state.gov/milestones/1969-1976/nixon-shock
        
           | kbenson wrote:
           | The more interesting story with that site is how many of
           | those charts indicate whatever is going on with the data it's
           | showing happened a decade after _or a decade before_ the date
           | in question, and people just blindly take it as evidence of
           | something happening in 1971.
        
           | ipaddr wrote:
           | Sugar hasn't gone up much. Harvard is so much more expensive.
           | 
           | Glad they included 3000bc short term interest rates in the
           | graph.
        
           | typon wrote:
           | According to the website the solution is....bitcoin?
        
             | Torwald wrote:
             | Are you saying this because of the quote at the end of the
             | page?
        
             | ghoward wrote:
             | I don't agree with the website, but I think I know where
             | they are coming from.
             | 
             | The year 1971 was when the US dollar was made to float,
             | instead of being backed by gold. [1]
             | 
             | I think that the website wants to have our monetary system
             | change back to being backed by something that is a limited
             | resource, and I bet Bitcoin fits the bill in their mind.
             | 
             | [1]: https://en.wikipedia.org/wiki/Gold_standard#In_the_Uni
             | ted_St...
             | 
             | Edit: punctuation.
        
         | MattGaiser wrote:
         | The definition of "elites" at this point just seems to mean any
         | government employee or even anyone educated to the point of a
         | bachelor's degree.
        
           | ishjoh wrote:
           | For better or worse I've started to think of 'elites' more as
           | people that have differential outcomes in regards to the law.
           | So in this case these people are 'elites' because they
           | managed to stay out of prison for hacking US citizens and
           | doing corporate espionage. A non-elite would be in prison for
           | these actions, and there are lots of people who are in prison
           | for hacking others.
        
             | genericuser314 wrote:
             | Isn't your definition an example of a No True Scotsman
             | fallacy?
             | 
             | Aren't you liable to wind up in situations where you find
             | yourself saying "Ah-hah, now that person I thought was not
             | one of the elite is now one of the elite because they
             | didn't go to prison. Ah-hah, now that person I thought was
             | one of the elite is not one of the elite, because they are
             | going to prison."?
        
               | ishjoh wrote:
               | From my original comment.
               | 
               | "For better or worse I've started to think of 'elites'
               | more as people that have differential outcomes in regards
               | to the law"
               | 
               | So it's not that elites don't go to prison, in this case
               | they didn't, it's that they get extremely favorable
               | outcomes as compared to the average population. Epstein
               | is a good example of this. The first time he was
               | convicted he spent a meager 1 year in prison in
               | conditions that would never be afforded to the general
               | public.
               | 
               | These hackers are another good example of this, they got
               | a large fine but they're not spending any time in prison,
               | and yet lots of people have gotten prison time for
               | hacking.
               | 
               | Being elite is a lot different from being Scottish, in
               | that there are only vague signals for being elite, and
               | none of them are so easy to measure as being Scottish. I
               | think it's safe to say that the vast majority of elites
               | are wealthy, but I don't believe that all wealthy people
               | are elites. There are people with a lot of localized
               | power like mayors or state senators, but those people
               | certainly aren't nationally elite. To my mind the
               | clearest signal is when the system interacts with a
               | person, how does the system behave, versus when it
               | interacts with an average person. Now this is by no means
               | a definition, just how I've started thinking about the
               | question of who is elite.
        
       | aborsy wrote:
       | How does the security of a Google Pixel phone with Android or
       | GrapheneOS compare with iPhone's security?
       | 
       | The iOS exploits sound scary. Some of them are even zero click.
        
         | nebula8804 wrote:
         | What makes you think GrapheneOS is any better? Yeah its open
         | source but it must be looked at a lot less than any iPhone. Is
         | security by 'open but not as well examined' actually more
         | secure?
        
       | hikerclimber1 wrote:
       | Businesses are allowed to deduct miles driven on cars. But the
       | problem with this is they are allowed to use the car for personal
       | as well. This should be illegal. With today's technology gps and
       | phone we should be able to track where these people go especially
       | for business meetings. They should have to disclose this
       | information.
        
       | ComodoHacker wrote:
       | As a non-US person, could someone explain a legal construct of
       | "paying $XXX to resolve criminal charges"? Doesn't "criminal"
       | mean there must be some real punishment?
        
         | parhamn wrote:
         | Criminal charges can end in fines and no jail time. Prosecutors
         | can negotiate plea deals (including fines) to avoid going to
         | court.
         | 
         | I don't know enough to comment on if this is something that
         | happens often (it certainly doesn't feel appropriate) in cases
         | like this.
        
         | Paradox0 wrote:
         | Paying a fine isn't a real punishment?
        
           | charonn0 wrote:
           | It's not a fine. That's the problem.
        
             | Paradox0 wrote:
             | Sure, it's a "financial penalty", technically. Plea deals
             | are common in many jurisdictions, and the settlement
             | imposes additional penalties. They're being punished.
        
               | tehwebguy wrote:
               | You are right that a fine is a real penalty but that's
               | not the real problem. The problem is that someone who
               | committed the same crime but has less money wouldn't
               | qualify for this option.
        
               | Paradox0 wrote:
               | Is that true? I'm not a lawyer, but I know that in
               | certain criminal plea agreements, such as in antitrust
               | cases, the financial penalty can be paid over
               | installments, the size of which is tied to the company's
               | financial performance. See e.g.
               | 
               | > If the parties agree that the recommended fine needs to
               | be paid in installments because of the defendant's
               | inability to pay the entire amount immediately, the plea
               | agreement will include the installment schedule and any
               | interest terms.(58) The payment of a special
               | assessment(59) and any recommendation on a term of
               | probation(60) or expedited sentencing(61) for
               | corporations, or requests by individual defendants to be
               | placed in a specific correctional facility,(62) will also
               | be addressed in the plea agreement.
               | 
               | https://www.justice.gov/atr/speech/us-model-negotiated-
               | plea-...
               | 
               | And to get back to the original comment I replied to,
               | this critique seems like it would apply to any financial
               | punishment, not something that came down to a technical
               | distinction between "fine" and "financial penalty".
        
               | noitpmeder wrote:
               | Someone with no/low income will take eons to repay
               | $1.685.000, even if made in installments. I doubt it
               | would even be a serious option unless you were wealthy.
        
         | monetus wrote:
         | Eric holder, the former attorney general, wrote a memo
         | outlining the concepts around the time of the 2008 financial
         | crisis iirc. The idea behind a deferred prosecution agreement
         | is that extracting money and good behavior out of
         | powerful/wealthy defendants is the best possible option when
         | compared to the "collateral consequences" of fully prosecuting
         | them.
        
           | jacquesm wrote:
           | A great example of class-justice by design.
        
           | quantified wrote:
           | Right. Let's see how bad the "collateral consequences"
           | actually are. Though, the result of inept or malfeasant
           | prosecution could be the equivalent of formal immunity
           | thereafter. I'd still like to take my chances.
        
           | noitpmeder wrote:
           | For reference: June 16th, 1999 -
           | https://www.justice.gov/sites/default/files/criminal-
           | fraud/l...
        
       | Jerry2 wrote:
       | No jail time? I guess when you're a member of IC, regular laws
       | don't apply to you.
        
       | badRNG wrote:
       | There is an incredibly well produced podcast episode on these ex-
       | NSA engineers working for the UAE that came out a couple of years
       | ago. Check out Darknet Diaries Ep47: Project Raven [1].
       | 
       | Synopsis is that the UAE hires ex-NSA employees as "penetration
       | testers" and when they enter the country for cybersecurity work,
       | some are pulled aside to be briefed to an opportunity called
       | "Project Raven" to assist Emirati intelligence with targeting,
       | allegedly in the interest of counter-terrorism. The thing is,
       | only Emiratis have "hands on keyboard" while the US engineers sit
       | beside them and guide them, which supposedly dodges any legal
       | concerns. Those who Jack interviewed decided to leave Project
       | Raven when it became clear they were targeting dissidents, human
       | rights activists, and later, Americans. As you might imagine, ex-
       | NSA employees who target US citizens for a foreign government are
       | breaking the law. I do wonder if it's these ex-Project Raven
       | engineers that have led prosecutors down the road to where we are
       | now.
       | 
       | [1] https://darknetdiaries.com/episode/47/
        
         | walrus01 wrote:
         | It sounds to me like the UAE made a decision to stop paying
         | vast sums of money to the NSO group and started throwing money
         | at trying to develop their own similar domestic capability.
         | 
         | From a purely pragmatic perspective of a UAE royal family
         | member worried about domestic dissent I can see why they would
         | do that, not that I agree with it in the slightest.
        
           | ThisIsTheWay wrote:
           | > It sounds to me like the UAE made a decision to stop paying
           | vast sums of money to the NSO group and started throwing
           | money at trying to develop their own similar domestic
           | capability.
           | 
           | Porque no los dos?
        
             | pbhjpbhj wrote:
             | Presumably, the latter is less of a risk; they probably
             | don't want NSO to know their business and there's going to
             | be at least metadata leaking that points to what they're
             | doing. Plus, presumably, there's always a chance NSO could
             | play them off to a higher bidder?
        
               | ThisIsTheWay wrote:
               | I agree about UAE wanting to keep their cards close to
               | the chest, but I think the choice between NSO/other third
               | party hacking groups and developing in house is an AND
               | statement, not OR. At the end of the day, developing
               | adequate zero day chains that provide access akin to
               | NSO's Pegasus is an extremely time and talent intensive
               | endeavor, and having multiple options to procure those
               | capabilities is the more likely solution.
        
             | aborsy wrote:
             | The price of a software, or use of an exploit, for a nation
             | state is nothing!
             | 
             | Money is probably not the only factor.
        
               | snovv_crash wrote:
               | UAE is probably very suspicious of NSO software coming
               | from Israel, and what other, hidden, capabilities it
               | might have.
        
               | cyanydeez wrote:
               | yeah, no matter how equally dirty your supplier is, they
               | still have different motives than you, regardless of any
               | human bias.
               | 
               | perfect principal-agent problem
        
             | cyanydeez wrote:
             | the principal agent problem. whenever you hire an agent
             | whose interests are not specifically aligned with yours,
             | theres an existential problem ensuring your principal
             | concerns are acted upon.
             | 
             | so yeah, you want your agents to have a principal stake so
             | havi g a nsa agen direct your staff brings more surety than
             | some random third party like nso doing your dirty work even
             | if its just handing over software. we all know it matters
             | the route your hardware and software comes from if you are
             | involved in national security.
        
               | ThisIsTheWay wrote:
               | > we all know it matters the route your hardware and
               | software comes from if you are involved in national
               | security.
               | 
               | No security apparatus in the world has the capability to
               | build and execute everything they want to on their own.
               | Hardware and software is always procured from multiple
               | sources.
        
           | dr-detroit wrote:
           | They stopped back in 2017 when Wannacry happened when we
           | found out that Chinese Russians any mid to high level player
           | has full access to the NSA suite of tools for cheaper than
           | the US traitors. (sorry, not traitors. on HN they are
           | "patriots" lol. I just say traitor because they specifically
           | hate me.)
        
           | mike_d wrote:
           | > It sounds to me like the UAE made a decision to stop paying
           | vast sums of money to the NSO group and started throwing
           | money at trying to develop their own similar domestic
           | capability
           | 
           | Running an intelligence service is a lot more than hacking a
           | random phone once in a while. They buy lots of products from
           | lots of vendors, develop some things in house, and hire a lot
           | of talent from overseas.
        
         | josephd79 wrote:
         | That podcast is great. I just found it a couple weeks ago, and
         | I've listened to a few already.
        
         | pengaru wrote:
         | DND has some interesting episodes, but "incredibly well
         | produced" is not how I would describe any.
         | 
         | And Jack's sophomoric exaggeration of the otherwise banal often
         | echoes of chicken little.
         | 
         | If anything it highlights a need for better podcasts in this
         | domain.
        
           | atmosx wrote:
           | Feel free to create one :-)
        
           | rhizome wrote:
           | In the Chicken Little story everybody except Chicken Little
           | is eaten by the fox, do you mean the boy who cried wolf?
           | Except oops, everybody dies in that one too.
        
             | vxNsr wrote:
             | In both of those stories the reason that happens is bec the
             | eponymous character loses all credibility by telling many
             | lies, when they finally tell the truth no one believes
             | them.
        
         | InvOfSmallC wrote:
         | I came here to say this. Best podcast ever btw.
        
           | WillPostForFood wrote:
           | Any other episode recommendations?
        
             | hoten wrote:
             | The LinkedIn ep + the next few follow the same story. very
             | good!
        
             | throwaway287391 wrote:
             | "Jeremy From Marketing" (Ep. 36) is another one about a pen
             | tester, and it's really engrossing, like an action thriller
             | in your ears.
        
             | dqv wrote:
             | Start from the beginning! Manfred Part 1 and Part 2 are
             | great.
        
             | mh8h wrote:
             | I loved the XBox Underground ones.
        
             | stef25 wrote:
             | - The Stuxnet one is pretty good. Went straight out and
             | bought the book.
             | 
             | - The one about Pirate Bay if you want to hear what a
             | collosal, confused prick one of the guys behind it is
        
         | bpodgursky wrote:
         | > The thing is, only Emiratis have "hands on keyboard" while
         | the US engineers sit beside them and guide them, which
         | supposedly dodges any legal concerns.
         | 
         | I find it pretty hard to believe any judge would buy this.
        
           | circular_logic wrote:
           | Agreed.
           | 
           | It's one thing to teach general skills and another to help do
           | the actual hacking
           | 
           | If they are being guided through the actual hacking then
           | that's saying that only the driver in pair programming is
           | producing code
        
           | Enginerrrd wrote:
           | You're probably right, but I think it also depends...
           | 
           | Is a professor at MIT teaching cyber security exploit
           | development guilty of the same crime?
           | 
           | What about a consultant teaching how to use a particular tool
           | or how to look for a particular family of exploits?
           | (Potentially legally dodgy, depending on the client, but
           | probably ok in a lot of grey areas)
           | 
           | What about a consultant which performs a passive audit of a
           | target for a 3rd party? (Starting to get pretty dodgy, but
           | probably depends both on the 3rd party and the target and the
           | nature of the audit)
           | 
           | It's... probably not so cut-and-dry. Though I agree that it
           | doesn't sound like a get-out-of-jail-free card.
        
             | jareklupinski wrote:
             | I'm sure the intent of the MIT professor/consultant passing
             | their knowledge on to others is to get ahead of the actual
             | attackers and help prevent further crime(s against
             | humanity), not to actively participate...
        
             | gentle wrote:
             | You're just being argumentative. You know the answer.
        
             | [deleted]
        
           | mike_d wrote:
           | Yet this would be very familiar to anyone with previous
           | intelligence experience in the US. The person with hands on
           | keyboard will change depending on if the mission is being
           | conducted under Title 10 or Title 50 authority.
        
           | hguant wrote:
           | Does an instructor who trains someone who goes on to commit
           | murder using the techniques they taught become legally
           | culpable for the murder?
           | 
           | If your company offers some service - consulting to set up
           | their infrastructure, or helping them navigate AWS -
           | necessary to the running of the company, and that company
           | goes on to commit a crime are you at fault? They couldn't
           | have done it with out you, after all.
        
             | [deleted]
        
             | zardo wrote:
             | How many School of the America's instructors were
             | prosecuted?
        
             | openasocket wrote:
             | Legally, it depends. The term you're looking for is
             | "criminal conspiracy". In US law this is, roughly, an
             | agreement between two or more people to commit a crime, and
             | at least one of the people commits an "overt act" in
             | furtherance of the crime. In the case of these officers,
             | and in your two hypotheticals, there is an overt act taking
             | place. An overt act does not need to be illegal, it just
             | has to be an action taken to assist in the planned crime.
             | For instance, buying ski masks is perfectly legal, but if
             | you bought ski masks in preparation for your bank robbery,
             | that counts as an overt act. But is there an agreement to
             | commit a crime? Generally speaking, in the company-
             | offering-services example, if you did not know the other
             | party was going to commit a crime, and a reasonable person
             | in your position wouldn't think the other party was
             | planning to commit a crime, you are not engaged in criminal
             | conspiracy. There's tons of special cases and nuances here,
             | but that's roughly what happens.
        
               | tptacek wrote:
               | That's if they charge conspiracy in the first place.
               | 
               | The more general answer here is that the criminality of
               | exploitation depends a lot on your state of mind (a
               | property of law that something HN always has a hard time
               | with). A professor teaching a class to an anonymous group
               | of students is not at all the same thing, in criminal
               | law, as that same professor standing behind foreign
               | intelligence operatives coaching them on a targeted
               | attack.
               | 
               | The confounder here is that there are statutes you can
               | theoretically violate by providing some specific
               | exploitation tools to foreign nationals.
               | 
               | The MIT professor, in an MIT classroom, is never going to
               | be charged (same almost certainly goes for a consultant
               | teaching an exploit class at Black Hat USA).
        
             | corv wrote:
             | Strictly ethically speaking, yes they would be at fault
        
             | mmastrac wrote:
             | Let's say you are a gun instructor. You take your student
             | out to the street, hand them a sniper rifle and point at
             | their victim. You walk them through the process of pulling
             | the trigger and how to make sure they get their target.
             | 
             | The judge isn't going to let that slide. In both cases, you
             | are an accessory.
        
               | sterlind wrote:
               | Technically I think both parties would be guilty of
               | murder, but that's specific to murder charges. For
               | instance, getaway drivers have been charged with murder
               | because the robbers they transport shoot someone.
        
               | likpok wrote:
               | That is specifically "felony murder", which wouldn't
               | apply here (though conspiracy might?). Felony murder is
               | the idea that you are guilty of murder if someone dies as
               | a result of you committing another felony (sometimes from
               | a specific enumerated list).
               | 
               | If you are a direct participant in the murder you might
               | just get charged with it (perhaps as a conspirator which
               | I think often has roughly the same penalties).
        
         | newbamboo wrote:
         | The law seems very debatable at present. See for instance the
         | current uproar over milley/esper decision to resist well
         | established presidential powers. The law is whatever the media
         | conglomerates collectively decide.
        
           | badRNG wrote:
           | This has nothing to do with the post nor the comment you're
           | replying to. There's no need to inject an unrelated political
           | point into the top post's top comment; just make your own
           | post about the subject so it can be discussed there.
        
             | newbamboo wrote:
             | I take your point but disagree that they are unrelated.
             | They are different news items, so I'll try and isolate my
             | comments in that way. I just think that people working
             | infosec should care a lot about the sanctity of law and the
             | importance of judicial review. If we let the court of
             | popular opinion reign supreme, hackers will always lose and
             | the powers that be, the elite, will always maintain
             | control. Just my opinion, which I will try and keep more
             | narrowly focused in the future.
        
           | decebalus1 wrote:
           | I think there should be a corollary to Godwin's law to call
           | out any thread that is very much subtle in trying to showcase
           | just how much Donald Trump has been wronged by 'the media'.
           | Sadly there's a surprisingly high amount of these on hn.
        
           | darkerside wrote:
           | You're right. Nothing is anything.
        
             | decebalus1 wrote:
             | And anything is everything. Then we can deduce that
             | everything is nothing.
        
         | fidesomnes wrote:
         | The NSA breaks so many laws for so long they might as we be
         | their own country. To call them out of control is an
         | understatement of unparalleled power.
        
         | topicseed wrote:
         | +1, and that podcast is incredible... jack's story telling
         | skills are amazing....
        
           | Reubachi wrote:
           | my one gripe, if it can be called a gripe, is that the
           | episodes are more often than not hard to follow due to the
           | complex topic/length.
           | 
           | Looking thru the feed, 8/10 of the recent casts I've listened
           | to are only about 1/4 the way thru before I had to go into
           | work, answer a call, etc. Then it's too hard to get back
           | into, and two more eps have been released by the time I get
           | another itch for DD.
           | 
           | Of course, real life is complicated and isn't a movie with a
           | plot, and DD's format rewards knowledge and listening. More
           | of a "doing dishes" podcast. Highly recommend!
        
             | dogman144 wrote:
             | Short-form security podcasts are a dime a dozen though, and
             | they usually fail to gain traction because Sec is a nuanced
             | technical/social topic that doesn't get covered in 20 mins.
             | DD is very popular, IMO, because it handles this well by
             | longer episodes.
        
       | akulbe wrote:
       | I'm confused. Isn't this considered _treason_??
       | 
       | They get no jail time? They get to buy their way out?!
       | 
       | > "Hackers-for-hire and those who otherwise support such
       | activities in violation of U.S. law should fully expect to be
       | prosecuted for their criminal conduct."
       | 
       | I know they lose their clearances and pay a bunch of money, but
       | this seems like it merits a lot more punishment than that.
        
         | freeslave wrote:
         | UAE is a US ally and so they likely do not want to put a chill
         | on their relations. "The United Arab Emirates has been
         | described as the United States' best counter-terrorism ally in
         | the Gulf by Richard A. Clarke, the U.S. national security
         | advisor and counter-terrorism expert."
         | 
         | https://en.wikipedia.org/wiki/United_Arab_Emirates%E2%80%93U...
        
           | Aeolun wrote:
           | Isn't that just because they hate everyone around?
        
         | snarf21 wrote:
         | Treason is only for poor and unconnected people. The rule
         | makers are very careful to never make white collar crime super
         | punishable.
        
         | colechristensen wrote:
         | Treason has a pretty narrow definition, if you aren't directly
         | conspiring with a foreign power (and at that probably an enemy)
         | against the US, it probably isn't treason. People like to jump
         | to that judgement, but it almost never happens.
        
           | cheschire wrote:
           | It's not probably, title 18[0] is pretty clear that it's an
           | _enemy_ that matters. However, since the United States is at
           | war with a noun, then that makes the definition of _enemy_
           | very flexible.
           | 
           | 0: https://www.law.cornell.edu/uscode/text/18/2381
        
             | colechristensen wrote:
             | Yes that flexibility of what counts as an enemy is why the
             | word "probably" was used.
        
         | xxpor wrote:
         | Well first, treason specifically is _very_ narrowly defined in
         | the US.
         | 
         | >Treason against the United States, shall consist only in
         | levying War against them, or in adhering to their Enemies,
         | giving them Aid and Comfort.
         | 
         | They didn't levy war against the US, or adhere to an enemy
         | (because the UAE isn't one).
         | 
         | But in general, it's not illegal for US citizens to join
         | foreign armies (if they aren't enemies). Lots of Jewish
         | citizens, for example, serve in the IDF.
         | 
         | "According to the U.S. code, any citizen who "enlists or enters
         | himself, or hires or retains another to enlist or enter
         | himself, or to go beyond the jurisdiction of the United States
         | with intent to be enlisted or entered in the service of any
         | foreign prince, state, colony, district, or people as a soldier
         | or as a marine or seaman ... shall be fined under this title or
         | imprisoned not more than three years, or both." But a court
         | ruling from 1896 involving U.S. citizens who fought with Cuban
         | revolutionaries against Spanish colonial rule interpreted this
         | to mean that it was only illegal for citizens to be recruited
         | for a foreign army in the United States, not to simply fight in
         | one."
         | 
         | https://foreignpolicy.com/2011/09/02/is-it-legal-for-america...
        
           | ChrisMarshallNY wrote:
           | There were also the Flying Tigers, in 1941. I think they may
           | have been enlisted soldiers, though, as opposed to private
           | citizens.
           | 
           | https://en.wikipedia.org/wiki/Flying_Tigers
        
           | this2shallPass wrote:
           | > Lots of Jewish citizens, for example, serve in the IDF.
           | 
           | How many is "Lots"?
           | 
           | Apparently the US doesn't keep records of this phenomenon
           | that are easily accessible.
           | 
           | This article^ from 2017 says 1,000 Jewish Americans serve in
           | the IDF.
           | 
           | Of the ~7,000,000 Jewish Americans _, that 's ~0.0143% of
           | Jewish Americans serving in the IDF.
           | 
           | If 1,000 joined and served each year, and live to an average
           | age of 70, doesn't that mean ~50,000 people? That would mean
           | ~0.714% of Jewish Americans having served in the IDF.
           | 
           | ^ https://www.thedailybeast.com/1000-americans-are-serving-
           | in-...
           | 
           | _ approximate number. 7.153-7.5 million are good estimates.
        
         | [deleted]
        
         | RealityVoid wrote:
         | It's really, historically no different than any soldier that
         | chooses to fight in another country's war, and that is pretty
         | common along history. Usually, they were only punished if the
         | geopolitical scenery called for it.
        
           | lainga wrote:
           | Famously https://en.wikipedia.org/wiki/Karl_Llewellyn was in
           | Paris when WWI broke out, but managed to reach Germany, and
           | briefly fought alongside (without joining) the German Army.
        
         | literallyaduck wrote:
         | Laws are for the little people who don't have important
         | friends. Want to hack? Want to call China as a US general? As
         | long as you are in good standing with the Party you can write
         | your own ticket.
         | 
         | Edit: Just a year ago our feeds were full of people complaining
         | about a call to Russia from an underlying who was not a US
         | general.
        
           | x86_64Ubuntu wrote:
           | I don't think calling China as a US general is in the same
           | bucket as hacking for hire.
        
             | _3u10 wrote:
             | Informing the Chinese of an insurrection in the US chain of
             | command that the general himself is leading is far worse.
        
               | dukeofdoom wrote:
               | Pelosi said Trump will be 'fumigated out' if he refuses
               | to leave the White House. How was that supposed to
               | happen, if not for the military. Communication between
               | Pelosi and Military leaders were ongoing.
               | 
               | "House Speaker Nancy Pelosi said she spoke to Joint
               | Chiefs of Staff Gen. Mark Milley about precautions that
               | could block President Trump from "ordering a nuclear
               | strike" or accessing launch codes and starting military
               | hostilities"
               | 
               | Source: https://www.cnbc.com/2021/01/08/pelosi-prevent-
               | trump-from-la...
        
               | [deleted]
        
               | _3u10 wrote:
               | Did he refuse to leave?
        
               | dukeofdoom wrote:
               | He refused concede the election like he was supposed to,
               | and continued to question the validity of mail in ballots
               | and challenge the election results. Probably not after he
               | found out the military was going to fumigate him out.
        
               | _3u10 wrote:
               | I'll take that as a no, he left when and as required by
               | law.
        
               | [deleted]
        
         | andrewnicolalde wrote:
         | Maybe not treason, but surely espionage?
        
         | diskzero wrote:
         | People like to use the term treason a lot, but as it is defined
         | under Article III, Section 3 of the US Constitution, their
         | actions are not treasonous. If you can prove otherwise, I am
         | all for it though!
         | 
         | Specifically, the were charged with:
         | 
         |  _Violations of U.S. export control, computer fraud and access
         | device fraud laws. The Department filed the DPA today, along
         | with a criminal information alleging that the defendants
         | conspired to violate such laws._
         | 
         | I think they are losers, scumbags and unethical and I hope that
         | no one who reads HN ever hires them and that they never work in
         | any capacity that comes into contact with IT, Infosec or any
         | other hi-tech industry.
        
           | _3u10 wrote:
           | How is going to work for more money a loserish activity? My
           | understanding is that the US contractors underpay so being
           | patriotic Americans they went to work for a better company.
        
             | truted2 wrote:
             | "Few men have virtue to withstand the highest bidder."
             | -founding father and first president of the United States
             | of America
        
               | _3u10 wrote:
               | Likely why he offered the Hessians 30 acres in addition
               | to citizenship to defect.
        
             | jjulius wrote:
             | Is income really the only signifier of what makes an
             | activity loserish to you? Not who they work for, the work
             | they're doing, who it may target, the rules they may
             | actively be choosing to break in the process, etc.?
        
               | _3u10 wrote:
               | Looking at the document it appears that they are working
               | for the same nation state, they just cut out the red tape
               | and a few layers of middlemen.
               | 
               | Most people feel in the software field feel the ITAR
               | regulations as applied to code are ridiculous including
               | but not limited to the EFF. Most consider it to be an
               | abridgment of their 1st amendment rights.
        
             | [deleted]
        
             | diskzero wrote:
             | Having a desire to increase your income is fine. For some,
             | it is their primary motivation, for others it is a result
             | of being recognized for producing valuable results. Each
             | person has their own moral code; for some, even working for
             | Google or Facebook falls outside of that code.
             | 
             | I have worked with various companies that have contracts
             | with the US military and other agencies. I wouldn't say
             | they underpay. I would actually say they pay pretty well,
             | but once again, this has to align with whatever your
             | personal values are. Some people are quite happy to work
             | for a three letter acronym agency and couldn't ever
             | conceive of working for a FAANG or a foreign entity.
             | 
             | I am sorry that a general perception of Americans might be
             | that we are mercenary and will run after the highest paying
             | opportunity. There are 300 million of us, and I would say
             | that a majority of Americans are driven by values that
             | don't include the theft of national intelligence assets or
             | chasing after money no matter the consequence.
        
               | _3u10 wrote:
               | Why apologize for greatness, the entire ethos of America
               | is that it's the best place for the individual. That
               | other countries choose to impoverish and restrict rights
               | is nothing that require apology.
        
         | MattGaiser wrote:
         | I assume because the country is an ally they don't get in as
         | much trouble.
        
           | mhh__ wrote:
           | Jonathan Pollard, though? It definitely varies.
        
       | rank0 wrote:
       | The punishment seems pretty insignificant here. I am surprised
       | the DoJ isn't pursuing prison time.
        
         | pianoben wrote:
         | It sounds like the three defendants are also cooperating with
         | ongoing investigations; that would certainly play a role in the
         | terms of the deal, if so.
        
         | legrande wrote:
         | There is a _lot_ of CFAA[0] trial evasion going on perhaps?
         | 
         | [0] https://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act
        
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