Kara Sears
The Onion Router, or Tor, is a network that enables users to surf the internet, chat, and send instant messages anonymously. It was developed to protect the privacy of internet users. However, it has also become a platform for illicit activities, attracting the attention of law enforcement agencies. While agencies like the NSA have tried to crack Tor, they have been unsuccessful in breaking its core security. Law enforcement's use of Tor is a complex issue, balancing the need for privacy with the exercise of state power in preventing and investigating crime. This raises questions about forensic correctness, legal fairness, and the role of technology in maintaining a balance between these two rights.
| Characteristics | Values |
|---|---|
| Purpose of TOR | To help internet users remain anonymous |
| Use of TOR | Used by a wide variety of people for both licit and illicit purposes |
| Illicit use of TOR | Used by criminal enterprises, hacktivism groups, and law enforcement agencies |
| Law enforcement agencies and TOR | Used by law enforcement agencies to conduct investigations and make arrests |
| Concerns about TOR | Critics say that TOR is not as secure as it claims |
| Law enforcement access to TOR | Law enforcement agencies have been unable to perform dragnet surveillance on TOR and have relied on attacking other software used in conjunction with TOR |
| Targeted attacks on TOR | Targeted attacks have been able to confirm that a particular person already under suspicion was sending TOR traffic |
| Forensic correctness | Collecting information in accordance with technological and jurisprudential requirements imposed on law enforcement |
| Legal fairness | Conducting investigations in accordance with the rule of law and fundamental human rights |
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What You'll Learn
Vulnerabilities in web browsers
Tor, an acronym for The Onion Router, is a web browser that anonymizes web traffic to provide private web browsing. It does this by routing user data through a network of interconnected nodes, blocking tracking and protecting user privacy. Tor is often used by journalists, whistleblowers, political dissidents, and other activists who may face persecution for their views.
Despite its privacy and security features, Tor is not impervious to hacking and has several vulnerabilities that can be exploited by law enforcement agencies and malicious actors. Here are some of the vulnerabilities in web browsers that have been identified:
- Vulnerabilities in Web Browsers Used with Tor: As of the 2013 Snowden leaks, law enforcement agencies like the NSA were unable to perform dragnet surveillance on Tor. Instead, they relied on attacking other software used alongside Tor, such as vulnerabilities in web browsers.
- Outdated Software and Security Bugs: Tor users are advised to use the latest versions of the browser, as obsolete versions may have vulnerabilities that allow malicious actors to impersonate them. The Tor network is also vulnerable to security bugs, which can be exploited by attackers.
- Entry and Exit Nodes: Tor's onion network is vulnerable at the entry and exit nodes. Internet traffic is not encrypted at these points, making user data liable to interception and exposing IP addresses. This vulnerability can be mitigated by using Tor with a VPN, which provides end-to-end encryption and protects the user's real IP address.
- End-to-End Correlation Attacks: Tor's process of relaying internet traffic cannot prevent end-to-end correlation attacks. Hackers can surveil specific network locations to determine user identities and digital fingerprints.
- Malware Attacks: Tor users are vulnerable to malware attacks, especially when downloading files or using manipulated nodes. This can result in various types of malware, including viruses and ransomware, being installed on their computers.
- Timing Analysis: According to German media, law enforcement agencies have developed a "timing analysis" technique to cancel out the anonymity provided by the Tor network. This involves surveilling individual Tor nodes and applying timing analysis to trace data packets back to specific users.
- Human Error: In some cases, Tor users have been identified or arrested due to human error rather than technological vulnerabilities. This includes improper use of the browser or user errors that lead to detection.
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Targeted attacks on individuals
While the Tor network is used for anonymous communication and browsing the web, law enforcement agencies can still conduct targeted attacks on individuals. These attacks are often based on surveillance and direct interference, exploiting vulnerabilities in web browsers and other software used in conjunction with Tor.
One example of a targeted attack was "Operation Torpedo" by the FBI. They traced an IP address to Aaron McGrath, conducted surveillance, and then arrested him. They also installed malware on the servers he controlled to retrieve information from users. In this case, the FBI exploited a vulnerability in the Firefox/Tor Browser.
In another instance, the UK's National Crime Agency (NCA) announced 660 arrests after an operation to identify people viewing indecent images of children online. While the NCA claimed success, critics argued that they only targeted low-hanging fruit, or individuals who did not use anonymity tools properly.
German law enforcement has also been active in targeting Tor users. In one case, they raided a Tor-linked group called Article 5 eV to uncover Tor network users. Additionally, German police were able to locate the Tor entry node of onion services, deanonymizing users. This was achieved through a "timing analysis" technique, which cancels out the anonymity provided by the network.
To protect against targeted attacks, Tor users should ensure they are using the latest software versions and security updates. Vulnerabilities in outdated clients and long connections to Tor services can be exploited by law enforcement agencies to deanonymize users.
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Human error
To address this challenge, law enforcement agencies should provide comprehensive training and guidelines for their personnel conducting investigations on the dark web. This training should cover not only technical skills but also the potential risks and consequences of human error. Additionally, automated tools and technologies can be leveraged to reduce the risk of human error. Automated sourcing, for example, can capture the source of information brought into the investigation, helping investigators avoid error-prone manual sourcing.
Another aspect of human error relates to the psychological impact of exposure to illegal or traumatic material on the dark web. Investigators may encounter distressing content, such as violent or abusive images, which can affect their mental health and decision-making abilities. To mitigate this risk, researchers and investigators should develop strategies to moderate or triage certain content, allowing them to access information without direct exposure. This can be achieved through the use of specialized software or platforms that filter or block disturbing content while still providing access to relevant data.
Furthermore, human error can occur during the collection and interpretation of data. Exhaustive investigations can lead to researcher fatigue, increasing the likelihood of errors. To minimize this risk, law enforcement agencies should encourage a culture of collaboration and knowledge-sharing. By involving multiple experts and seeking peer reviews, potential errors or biases in data interpretation can be identified and rectified.
Lastly, human error can result from a lack of understanding or adherence to legal and ethical frameworks. Law enforcement agencies must ensure that their personnel are well-versed in the principles of "forensic correctness" and "legal fairness." This includes respecting the privacy and fundamental human rights of individuals while also effectively fighting crime and upholding the rule of law.
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Funding and subversion
Tor, short for The Onion Routing Project, is a free overlay network that enables anonymous communication. It was developed in the mid-1990s by the United States Naval Research Laboratory to protect intelligence communications. Tor has been funded by various US government agencies, including the State Department, the National Science Foundation, and the Broadcasting Board of Governors. It has also received funding from Radio Free Asia, Human Rights Watch, Facebook, and Google.
Despite its funding from US government agencies, Tor has also been used by criminal enterprises and hacktivist groups. This has led to a tension between privacy and the exercise of state power, as law enforcement agencies seek to intervene and subvert Tor for investigations.
One way law enforcement agencies have attempted to subvert Tor is by exploiting the network rather than trying to de-anonymize its users. While they cannot directly identify a Tor user, they can recognize the use of Tor. Agencies such as the NSA have used Quantum servers to execute packet injection attacks, redirecting targets to FoxAcid servers. The NSA has also used cookies on target browsers and programs to disrupt Tor access. Additionally, there are Tor relay servers that are actually NSA relay servers, allowing the NSA to discover the IP address of the user if used as an entry point.
Another technique used by law enforcement is browser fingerprinting, which aims to identify users by the unique properties of their browser and machine. While Tor protects against fingerprinting by blocking scripts and utilizing default fonts, The Tor Project acknowledges that identifying users via their Tor browser fingerprint is inevitable.
Law enforcement agencies have also targeted individual Tor users through traffic confirmation. For example, police surveillance can confirm that a person under suspicion was sending Tor traffic at specific times. Arrests are often made due to human error rather than the core technology being hacked.
The effectiveness of law enforcement agencies' subversion of Tor is debated. While agencies have had some success in attacking individual users, they have been unable to perform dragnet surveillance on Tor itself. The NSA has acknowledged that they will never be able to de-anonymize all Tor users but can de-anonymize a small fraction through manual analysis.
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Forensic correctness and legal fairness
The TOR network, an acronym for The Onion Router, is a technique that helps internet users remain anonymous. While it was developed to protect the privacy of internet users, it has also become a hub for illicit activities, attracting the attention of law enforcement agencies.
When it comes to "forensic correctness and legal fairness," there is a tension between the privacy rights of citizens and the power of the state to investigate crimes. "Forensic correctness" refers to law enforcement's adherence to technological and jurisprudential requirements when collecting information. This includes maintaining lab notes, conducting careful evidence testing, and following standard operating procedures to ensure the integrity of digital evidence. Digital evidence is a critical aspect of modern investigations, and law enforcement must acquire and handle it properly to maintain its admissibility in court.
"Legal fairness," on the other hand, pertains to law enforcement conducting their work within the rule of law and respecting fundamental human rights. This means that while investigating crimes, they must balance the need to protect society from criminal activities with the privacy rights of citizens, including those on the TOR network.
Law enforcement agencies must navigate this delicate balance when using the TOR network for investigations. They must collect evidence in a manner that is legally acceptable and respectful of citizens' rights, while also leveraging their authorized access to fight crime and bring offenders to justice.
The challenges of policing the TOR network highlight the complexities of maintaining forensic correctness and legal fairness in the digital age. Law enforcement must adapt their investigative techniques to address crimes facilitated by new technologies while ensuring that their methods uphold the principles of privacy, human rights, and legal due process.
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Frequently asked questions
Tor, short for The Onion Router, is a technique that helps internet users remain anonymous. Tor enables its users to surf the internet, chat, and send instant messages without revealing their identity.
Law enforcement agencies can run their own exit nodes on the Tor network. While this does not compromise the entire network, it can help law enforcement monitor criminal activity. For example, in 2013, the NSA infiltrated Tor by building a gigantic network in the backbone of the internet. Their system detected Tor traffic and forced it through their servers, allowing them to identify individual Tor users.
The debate about Tor's anonymity is ongoing. Critics argue that Tor is not as secure as it claims, pointing to instances where law enforcement has successfully identified and arrested Tor users. However, in most cases, arrests are due to human error rather than the core technology being hacked.
