Bugs in our pockets?
In August, Apple announced a system to check all our iPhones for illegal images, then delayed its launch after widespread pushback. Yet some governments continue to press for just such a surveillance system, and the EU is due to announce a new child protection law at the start of December.
Now, in Bugs in our Pockets: The Risks of Client-Side Scanning, colleagues and I take a long hard look at the options for mass surveillance via software embedded in people’s devices, as opposed to the current practice of monitoring our communications. Client-side scanning, as the agencies’ new wet dream is called, has a range of possible missions. While Apple and the FBI talked about finding still images of sex abuse, the EU was talking last year about videos and text too, and of targeting terrorism once the argument had been won on child protection. It can also use a number of possible technologies; in addition to the perceptual hash functions in the Apple proposal, there’s talk of machine-learning models. And, as a leaked EU internal report made clear, the preferred outcome for governments may be a mix of client-side and server-side scanning.
In our report, we provide a detailed analysis of scanning capabilities at both the client and the server, the trade-offs between false positives and false negatives, and the side effects – such as the ways in which adding scanning systems to citizens’ devices will open them up to new types of attack.
We did not set out to praise Apple’s proposal, but we ended up concluding that it was probably about the best that could be done. Even so, it did not come close to providing a system that a rational person might consider trustworthy.
Even if the engineering on the phone were perfect, a scanner brings within the user’s trust perimeter all those involved in targeting it – in deciding which photos go on the naughty list, or how to train any machine-learning models that riffle through your texts or watch your videos. Even if it starts out trained on images of child abuse that all agree are illegal, it’s easy for both insiders and outsiders to manipulate images to create both false negatives and false positives. The more we look at the detail, the less attractive such a system becomes. The measures required to limit the obvious abuses so constrain the design space that you end up with something that could not be very effective as a policing tool; and if the European institutions were to mandate its use – and there have already been some legislative skirmishes – they would open up their citizens to quite a range of avoidable harms. And that’s before you stop to remember that the European Court of Justice struck down the Data Retention Directive on the grounds that such bulk surveillance, without warrant or suspicion, was a grossly disproportionate infringement on privacy, even in the fight against terrorism. A client-side scanning mandate would invite the same fate.
But ‘if you build it, they will come’. If device vendors are compelled to install remote surveillance, the demands will start to roll in. Who could possibly be so cold-hearted as to argue against the system being extended to search for missing children? Then President Xi will want to know who has photos of the Dalai Lama, or of men standing in front of tanks; and copyright lawyers will get court orders blocking whatever they claim infringes their clients’ rights. Our phones, which have grown into extensions of our intimate private space, will be ours no more; they will be private no more; and we will all be less secure.