THE ARMS RACE IN CYBERSPACE INDEX 1. - INTRODUCTION………………………………………………………………………………….. 2 2. - “SUPPOSED” SCENARIOS …..……………………………………………..……………….. 2 3. - DRASTIC MEASURES “STILL” NOT VIABLE …………….…………………………….. 3 4. - FACING THE PROBLEM…….…………………………………………………….…………… 4 5. - EFFORTS TO INCREASE CYBERSECURITY…………………….……………………….. 7 6. - CONCLUSION………………………………………………………………………….………….. 9 1 1. - INTRODUCTION Before starting a war, it is necessary to meticulously determine the strategic targets and the sequence they are going to be knocked down. In the past, to eliminate these strategic targets, it was in all cases imperative a physical attack of enough proportions to warrant their destruction; in other words, missiles, explosives, bombs, rockets, machine guns, etc., were used. Nowadays, due to many critical infrastructures’ dependence on the Internet, it is possible to execute attacks, typical of military engagements between powers, without spilling a single drop of blood, but causing the same strategic effects as physical destruction. This fact is alarming, but in spite of having spread this possibility, society is aware of neither the threats nor the vulnerabilities. Why? What is wrong? Basically it fails both: legislation (national and international) and society’s technical education. 2. - “SUPPOSED” SCENARIOS In order to illustrate the first part of the last statement, initially we are going to include, following this paragraph, the 5th and 6th articles of the North Atlantic Treaty Organization. Afterwards we are going to describe a hypothetical scenario and last, as an example of the message we intend to transmit, we will vary (only to argue) the text of the article 6th, basing upon the supposed scenario. Article 5 The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self-defense recognized by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area. Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security. Article 6 For the purpose of Article 5, an armed attack on one or more of the Parties is deemed to include an armed attack: on the territory of any of the Parties in Europe or North America, on the Algerian Departments of France (2), on the territory of or on the Islands under the jurisdiction of any of the Parties in the North Atlantic area north of the Tropic of Cancer; on the forces, vessels, or aircraft of any of the Parties, when in or over these territories or any other area in Europe in which occupation forces of any of the Parties were stationed on the date when the Treaty entered into force or the Mediterranean Sea or the North Atlantic area north of the Tropic of Cancer. Written IAW www.nato.int 2 Let’s suppose now that a NATO country, called A, suffers a serial of attacks from a country called B (no NATO member) affecting the following targets: - HV Electric Grid Military Combat Systems Control Financial infrastructure Transportation Communications networks And let’s suppose too, that these attacks take place through the use of weapons, in this case missiles. Surely there would be many human casualties (we are not going to calculate the number). Let’s suppose again the previous situation, excepting the casualties, but weapons are still employed (also missiles). In both cases, physically an armed attack occurs, causing critical infrastructures unutilization. Therefore, in both suppositions, we could legitimately appeal to the 5th and 6th articles. However, what happen if these attacks would take place remotely, exploiting vulnerabilities of informatics systems, without using “traditional” weapons? If these attacks are not physically executed, do NATO members have the right to self defense? Today the answer is NO. They have no right to self defense, facing then a great magnitude problem with complicated solution at short term. 3. - DRASTIC MEASURES “STILL” NOT VIABLE The situation would notably change if we would write in the 6th article not only “on the forces, vessels, or aircraft” but also “on the forces, vessels, aircrafts, their command and control systems or critical infrastructures (including their management systems, communication, information and control), military or civilian, assumed as strategic targets affecting National or International Security” (of course, we would have to define “strategic target”). This would imply that if the country A receives informatics attacks from servers located in B, could ask for responsibilities. In theory, A could demand to B to control the activity of those servers, even shutting them down. Excuses would arise about the impossibility of locating with accuracy the origin of the attack, but with the “new” law in the hand, B Government could be forced (being intimidated with the possibility of a physical engagement as last resource, and other actions contained in international regulation) to concentrate all efforts in avoiding the execution of those attacks coming from his own country, implementing the needed precautionary measures in the nation. This measure could be considered by many as out of proportion or even extreme, maybe because they are not still aware of the seriousness of the situation. Nevertheless it is not their fault, but of the lack of legal elements classifying the informatics attacks on military or strategic targets as hostile acts, terrorist acts, and punishable war acts, defensible and indictable. That is to say, we do not only have to make population aware of the existence of menaces in the cyberspace and that we are vulnerable to them. A reform of international regulation is also needed, so the informatics attacks are considered as harmful as physical attacks, because from a strategic viewpoint, an experienced hacker is, in informatics world, a missile in real world, able to destroy targets causing no human casualties (at least directly). They are the weapon to 3 perpetrate accurate attacks against our infrastructures (dependent on the internet). If this technologic weapon would physically exist in the military arsenals, and it would be indiscriminately used, we dare to affirm that a physical attack of such characteristics, would be questioned at international levels, denounced and answered by the affected country, with complete legitimacy. Nonetheless, could really a country A respond the informatics attacks launched FROM a country B, through the use of physical force? We do not think so, due to the impossibility of immediately linking those attacks with concrete governments. It would be as if United States would declare war to China or Russia because a high percentage of the attacks received come from servers there located. Then, what can we do? 4. - FACING THE PROBLEM As in any situation, and while there is not a legal framework that allows other actions, we must face the problem according to a serial of priorities that condition the necessity of elaborate a traditional planning (something that we perfectly know), for a modern problem, i.e., we need to devise an emergency plan (explained later), an immediate action plan besides others for short, medium and long term, adding, of course!, the periodic updates and differentiation between preventive and corrective measures (emergency and crisis management, risk mitigation, recovery time minimization, etc.). Like in physical attacks, trying to establish analogies between the real and the informatics world, if in the past to defend ourselves from our enemies we proceeded to create armies, it will be then necessary to do the same in the cyberspace, because the walls of the castle (firewalls and antivirus) are not enough to prevent unwanted visitors from entry (hackers, malware, virus, etc.). It is time to change into an active defense, “cyberdeterrence”, through the use and creation of all means within our reach, as passive measures are spectacularly failing. Nevertheless, a question arises, what are weapons for, if we are not able to find our attackers and if besides that weapons could destroy the own environment’s mechanisms of operation. In order to exert cyberdeterrence with efficacy, we not only must have weapons, but mainly knowing the environment as well as the methodology and location of the enemy where to send our troops. It is essential to develop new techniques and tactics, based on a strategy specifically designed against a phenomenon not yet defined with precision. Indeed, they are several phenomenons that are intermingled and combined in a much more complex and diffuse way (terrorism, espionage, fraud, conspiracy, theft, etc.), being therefore more complicated to face the problem, because it is indispensable to respect the principle of interconnectivity. In terrorism for example, we are seeing day after day, that conventional weapons are useless, that the kind of fight is very different from the classical engagement between countries, and that new and specific tactics are required for asymmetric conflicts. There are environments where the last advances in technology are vain to fight this phenomenon. In cyberspace, tactics employed by hackers are asymmetric and somehow similar to those used in terrorism, but with the advantages of digital world. 4 One alternative among others, that we propose as a suggestion, would be the possibility of configuring the Cybersecurity policy, learning from the experience of the fight against terrorism, but put into practice and adapted to the informatics environment. To tackle the problem, the technical focus and experience in computers are not enough and we have to gather together the best strategists of different disciplines, to understand the problem and to design strategies to reduce as much as possible its consequences, as we could not eradicate them (although it is our intention). Some of these disciplines could be: Anti-terrorism and Counter-terrorism Military strategy Intelligence Organized Crime Fight Informatics, Electronics and Telecommunications Enterprise and Bank International Law Logistics and Transport Energy So, we do not have to invent anything new, just adapting what exist and we know in tangible world to the informatics one, taking into account that global interconnectivity must be preserved as a fundamental requirement, direct consequence of the own internet’s essence. It will be necessary differentiate among military and civilian solutions for the various affected sectors, but there is no doubt that we will finally have to adapt ourselves to a new reality or field: Creating or promoting if already exists, a Cyber-Army fostering its deterrence and defensive capacity (but without altering the basic principles of interconnectivity through an arms race). As in many nations Land, Air and Navy armies exist with their respective functions and responsibilities, a cyberarmy should exist, including its responsibilities in the cyberspace Creating or promoting if already exists, a Cyber-Police exclusively focused to the cyberspace. In Spain for example, depending on responsibilities, National Police and Guardia Civil are in charge, but it does not exist an independent Cyber-Police (although there is a branch for technological crimes) Creating or promoting private security services in cyberspace. They already exist, but far away of we are trying to imply here. It seems that all we have just mentioned already exist, but do not, at least in the way we are suggesting. We will not have an acceptable effectiveness percentage until those entities are made up in an autonomous and independent way (not as a branch, section or department). Although the border is narrow, they are two different worlds, reciprocally dependent and an exclusive dedication to the cyberspace responsibilities is needed. Imagine if we would just employ a single army for the three environments (sea, air and land). It is very probable that at a partial level the efficacy would be inferior (and 5 therefore the global too), due to not having the specialization and dedication that every environment requires. Solutions for cyberspace problems are neither immediate, nor cheap nor easy to implement. Security is a constant evolving discipline and the efficacy of the measures progressively arises, but it will never be total. Regarding to informatics, we are very late, from a technical viewpoint, since any hacker knows that if he/she has penetrated into a system, this is understood by the hacker better than the own administrator and in the future it is very probable that he/she could re-enter, even although the last updates have been installed. This is because during his/her surreptitious visit, the hacker use to gather enough information from users with privileges, as their patterns of behavior, used to predict password changes or to plan social engineering or to determine the policy of passwords generation for new employees…These are only examples to indicate that the vulnerability problems we had yesterday, could be used tomorrow to infiltrate into systems, theoretically armored, although the vulnerability had been fixed, since during the penetration that vulnerability allowed enough information gathering to warrant subsequently illegal access. Hence an emergency plan is needed, conceived to avoid what we have just mentioned: the future infiltration into information systems, through the exploitation of information that could have been obtained previously. This emergency plan, sometimes implies to start from scratch, and that is something that not everybody can afford. But if we want to be professionals and arise our security efficacy percentage, we cannot overlook this fact. We must have clear in our minds that in many occasions, acquiring new software and hardware will be needed, permanently check the system, completely reconfigure the network and paying attention to the strictest management protocols. Hypothetically, an independent rings disposition could make this kind of maintenance easier, although it would implies a higher investment in software and hardware, so the funds manager first idea would be to ask for a forensic analysis in order to determine the necessity of this investment. The problem is that in the bits’ world is a little easier to hide the evidences of a crime and if real time surveillance does not exist (for example at 02:30 AM, when there is no one in front of the computers), it is hard to determine the presence in the system of unauthorized users. For that reason we would have to inform the funds manager about the convenience of the investment but including that these forensics analysis and surveillance should be implemented permanently and by human guards (not only using software, so increasing the cost). We can see that technically the issue is not exactly easy and economically speaking it is not viable in accordance with the present social and labor schema, since an effective security assessment implies undertaking real vulnerabilities analysis and nowadays they are not done as it should be *…+ From our viewpoint, cyberspace should not be understood only as a “new” channel through crimes can be committed, but as an environment itself, autonomous (but not independent) in constant omni-directional expansion (conditioned by myriads of factors). It is true that many crimes that are being perpetrated through the internet, existed in the past and the only change is the procedure, but facts seem to indicate that the global trend is that the “ones and zeros” space gradually becomes a parallel dimension whose fate is to set itself up as an interdependent sub-world. If we pay attention to the direction in which internet is moving, we appreciate without any doubt that there is a parallelism with the social customs in real life (consumption, network, business, leisure time…). It exist a part of the population (increasing) that consume, mix with people, make business and enjoy entertainment mainly through Internet. Virtual shops, 6 thanks to the ongoing crisis, are proliferating in such a way, that they do not exist in real world, just in that commercial sub-world recently born. Many funds movements are not physically done, but electronically, therefore we would pass from “stealing THROUGH the net” to “stealing IN the net”, that is to say, inside the financial sub-world towards we are traveling and where an important part of our values and interests as Nation reside. 5. - EFFORTS TO INCREASE CYBERSECURITY As a summary of already exposed and adding a brief explanation, following we will include some of the efforts we humbly think could contribute positively to enforce Cybersecurity, if jointly considered. I. INTERNATIONAL LEGAL EFFORT International regulation do not permit self-defense in cyberspace to the NATO member nations (as a close example), to whom Spain belongs. Besides, there is not yet a useful international coordination focused to define informatics crimes. Cyberspace must be understood as international, so national regulations cannot prevail; instead legal framework should be established by mutual agreement by all the nations, preventing hackers avoiding the corresponding sentence due to the existence of differences among the various national regulations. The fact that a common criteria does not exist implies that users perceive impunity in their illegal actions committed in cyberspace, while society is not able to differentiate the seriousness of the issue. Using an example: if a country has decided to use and to allow the usage by their citizens of the “Net”, should compromise to authorize the extradition to the applicant nation, of every criminal that had committed in its territory illegal acts through the Net or in the Net itself. If a legal framework allowing us to regulate the access to Internet in this manner would exist (i.e., preventing the non collaborator countries in cybercriminal pursuit from the use of internet), we would expose many hackers that operate with impunity from countries with no extradition agreement. So, if the use of internet is understood as a right, international society almost have the right to not support criminal acts perpetration with impunity. Continuing with regulation suggestions, any attack, linked or not to a nation, against critical infrastructures, should be categorized as an attack perpetrated with weapons (being classified as terrorist or war act, whichever applies); and being punished as such, doing the publicity needed of the sentences, in order to spread the seriousness of the attack and achieve a better awareness, about the important consequences derived from the use of these new weapons, that allow to commit accurate attacks (cybermissiles). As it happens with the safety regulation, Governments should not allow any enterprise related to cyberspace to operate until these enterprises accomplish the minimum security standards required, certified by third accredited parts and supervised by official 7 inspections. In Spain, Government is fostering partially this idea, through the “Plan Avanza2”, achieving more and more enterprises certified in quality of information assets security management (with the exception that the focus is consolidation of national IT enterprises in strategic sectors). But to increase Cybersecurity, it is indispensable that information security management systems are implemented in accordance with international standard legally imposed (at least those affecting the cyberspace security) to all enterprises. II. LABOR, ECONOMICAL AND TECHNICAL EFFORT Technical emergency solutions are required, because we cannot obviate the high knowledge that hackers do have over the exploited systems, allowing them a subsequent entry, even after updates have been installed. Besides, passing to cyberdeterrence also implies a considerable investment, to develop tools, tactics and techniques, where private sector would play a fundamental role. Surveillance and forensic analysis of information and communication systems must be executed continuously and under permanent human supervision. This would imply continuous training, technically increasing, besides the recruiting of new highly qualified personnel, distributed in 24 hours shifts. It is evident that we foster the employment, yes, but passing previously through a long stage of economic and temporal investment. Reorganize the human resources assignation to net administration tasks. Only one security administrator for the information systems of an enterprise/organism brings as a direct consequence a decrease of the required security level. Saturation is immediate, due to the excess of technical responsibilities; among others, deterrence, surveillance, detection, alerting, informing, preserving, analyzing, investigating, correcting, training…Impossible for just one person. III. EDUCATIONAL EFFORT Society’s technical level is low to achieve to understand the issue’s complexity. The education system should integrate a technical training in order to prepare our society for the future, in such a way they could understand and face it. A solid technical base in informatics and communications, would qualify our tomorrow’s active population, for holding posts classified IN cyberspace. 8 IV. GOVERNMENTAL EFFORT Considering the costs of the measures here suggested, we must mention the base of the United States’ strategy to ensure the cyberspace (published in 2003) as a good choice: a close collaboration and solid alliance between private sector and Government is needed. Besides, at Government levels, all Ministries must coordinate the joint needed actions to spread efforts (including crisis management during periodic simulations of cyberattacks), since the issue here is to organize and manage a new environment (way and space at the same time), without ruling out the idea of creating a new Ministry inside the Government General Management, whose responsibilities would include management and coordination of every question related to cyberspace. Simultaneously, it is needed to evaluate the global situation in other countries where security is notably inferior, and develop a homogenization policy of Cybersecurity levels, internationally distributing expenses, responsibilities and functions. The reason is obvious considering the normal acting procedures, since the attacks use to be launched through other infected machines, utilized as digital infrastructure to accomplish from anonymity all kind of illegal acts in the cyberspace. It will be impossible to try determine the origin of attacks or to attribute responsibility while other nations’ security level is lower than the global. 6.-CONCLUSION A unique and simple solution, to eradicate the problem of security in the cyberspace keeping its present functionality and global interconnectivity, does not exist. The internet evolution has been so fast, that now it is difficult to control. Progressively it gain autonomy and entity as a parallel sub-world and we do not know the final outcome. If we really desire to increase control and security over this “new” environment, we must be aware of defensive measures’ fail and therefore we are obligated to think from NOW on in other ways, while ad hoc alternatives are not developed. The essence of the new environment, where interconnectivity is its base of work and evolution, implies that an arms race would probably lead us to net alterations, diminishing its functionality, direct consequence of permanent global interconnectivity. It is necessary to get deeper in that sub-world and found international regulation organisms besides introducing a series of professionals, belonging to the permanent population of cyberspace, as a subsociety, distributed in accordance with network security needs. Just like this, we will progressively arise the Cybersecurity percentage, being aware that we have started to run the last after the starting signal and it will take much time to balance the efficacy security levels. Abril, 29th 2010 Eduardo J. Orenes Nicolás Founder and CEO of SEGLOSER® 9
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