Network Working Group                                               IAB
Request for Comments: 2804                                         IESG
Category: Informational                                        May 2000


                      IETF Policy on Wiretapping

Status of this Memo

  This memo provides information for the Internet community.  It does
  not specify an Internet standard of any kind.  Distribution of this
  memo is unlimited.

Copyright Notice

  Copyright (C) The Internet Society (2000).  All Rights Reserved.

Abstract

  The Internet Engineering Task Force (IETF) has been asked to take a
  position on the inclusion into IETF standards-track documents of
  functionality designed to facilitate wiretapping.

  This memo explains what the IETF thinks the question means, why its
  answer is "no", and what that answer means.

1. Summary position

  The IETF has decided not to consider requirements for wiretapping as
  part of the process for creating and maintaining IETF standards.

  It takes this position for the following basic reasons:

  - The IETF, an international standards body, believes itself to be
    the wrong forum for designing protocol or equipment features that
    address needs arising from the laws of individual countries,
    because these laws vary widely across the areas that IETF standards
    are deployed in.  Bodies whose scope of authority correspond to a
    single regime of jurisdiction are more appropriate for this task.

  - The IETF sets standards for communications that pass across
    networks that may be owned, operated and maintained by people from
    numerous jurisdictions with numerous requirements for privacy.  In
    light of these potentially divergent requirements, the IETF
    believes that the operation of the Internet and the needs of its
    users are best served by making sure the security properties of





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    connections across the Internet are as well known as possible.  At
    the present stage of our ignorance this means making them as free
    from security loopholes as possible.

  - The IETF believes that in the case of traffic that is today going
    across the Internet without being protected by the end systems (by
    encryption or other means), the use of existing network features,
    if deployed intelligently, provides extensive opportunities for
    wiretapping, and should be sufficient under presently seen
    requirements for many cases. The IETF does not see an engineering
    solution that allows such wiretapping when the end systems take
    adequate measures to protect their communications.

  - The IETF believes that adding a requirement for wiretapping will
    make affected protocol designs considerably more complex.
    Experience has shown that complexity almost inevitably jeopardizes
    the security of communications even when it is not being tapped by
    any legal means; there are also obvious risks raised by having to
    protect the access to the wiretap. This is in conflict with the
    goal of freedom from security loopholes.

  - The IETF restates its strongly held belief, stated at greater
    length in [RFC 1984], that both commercial development of the
    Internet and adequate privacy for its users against illegal
    intrusion requires the wide availability of strong cryptographic
    technology.

  - On the other hand, the IETF believes that mechanisms designed to
    facilitate or enable wiretapping, or methods of using other
    facilities for such purposes, should be openly described, so as to
    ensure the maximum review of the mechanisms and ensure that they
    adhere as closely as possible to their design constraints. The IETF
    believes that the publication of such mechanisms, and the
    publication of known weaknesses in such mechanisms, is a Good
    Thing.

2. The Raven process

  The issue of the IETF doing work on legal intercept technologies came
  up as a byproduct of the extensive work that the IETF is now doing in
  the area if IP-based telephony.

  In the telephony world, there has been a tradition of cooperation
  (often mandated by law) between law enforcement agencies and
  telephone equipment operators on wiretapping, leading to companies
  that build telephone equipment adding wiretapping features to their
  telephony-related equipment, and an emerging consensus in the




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  industry of how to build and manage such features. Some traditional
  telephony standards organizations have supported this by adding
  intercept features to their telephony-related standards.

  Since the future of the telephone seems to be intertwined with the
  Internet it is inevitable that the primary Internet standards
  organization would be faced with the issue sooner or later.

  In this case, some of the participants of one of the IETF working
  groups working on a new standard for communication between components
  of a distributed phone switch brought up the issue. Since adding
  features of this type would be something the IETF had never done
  before, the IETF management decided to have a public discussion
  before deciding if the working group should go ahead. A new mailing
  list was created (the Raven mailing list, see
  http://www.ietf.org/mailman/listinfo/raven) for this discussion.
  Close to 500 people subscribed to the list and about 10% of those
  sent at least one message to the list. The discussion on this list
  was a precursor to a discussion held during the IETF plenary in
  Washington, D.C.

  Twenty-nine people spoke during the plenary session. Opinions ranged
  from libertarian: 'governments have no right to wiretap' - to
  pragmatic: 'it will be done somewhere, best have it done where the
  technology was developed'. At the end of the discussion there was a
  show of hands to indicate opinions: should the IETF add special
  features, not do this or abstain. Very few people spoke out strongly
  in support for adding the intercept features, while many spoke out
  against it, but a sizable portion of the audience refused to state an
  opinion (raised their hands when asked for "abstain" in the show of
  hands).

  This is the background on the basis of which the Internet Engineering
  Steering Group (IESG) and the Internet Architecture Board (IAB) was
  asked to formulate a policy.

3. A definition of wiretapping

  The various legal statutes defining wiretapping do not give adequate
  definitions to distinguish between wiretapping and various other
  activities at the technical level. For the purposes of this memo, the
  following definition of wiretapping is used:

  Wiretapping is what occurs when information passed across the
  Internet from one party to one or more other parties is delivered to
  a third party:





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  1. Without the sending party knowing about the third party

  2. Without any of the recipient parties knowing about the delivery to
     the third party

  3. When the normal expectation of the sender is that the transmitted
     information will only be seen by the recipient parties or parties
     obliged to keep the information in confidence

  4. When the third party acts deliberately to target the transmission
     of the first party, either because he is of interest, or because
     the second party's reception is of interest.

  The term "party", as used here, can refer to one person, a group of
  persons, or equipment acting on behalf of persons; the term "party"
  is used for brevity.

  Of course, many wiretaps will be bidirectional, monitoring traffic
  sent by two or more parties to each other.

  Thus, for instance, monitoring public newsgroups is not wiretapping
  (condition 3 violated), random monitoring of a large population is
  not wiretapping (condition 4 violated), a recipient passing on
  private email is not wiretapping (condition 2 violated).

  An Internet equivalent of call tracing by means of accounting logs
  (sometimes called "pen registers") that is a feature of the telephone
  network is also wiretapping by this definition, since the normal
  expectation of the sender is that the company doing the accounting
  will keep this information in confidence.

  Wiretapping may logically be thought of as 3 distinct steps:

  - Capture - getting information off the wire that contains the
    information wanted.

  - Filtering - selecting the information wanted from information
    gathered by accident.

  - Delivery - transmitting the information wanted to the ones who want
    it.

  The term applies to the whole process; for instance, random
  monitoring followed by filtering to extract information about a
  smaller group of parties would be wiretapping by this definition.

  In all these stages, the possibility of using or abusing mechanisms
  defined for this purpose for other purposes exists.



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  This definition deliberately does not include considerations of:

  - Whether the wiretap is legal or not, since that is a legal, not a
    technical matter.

  - Whether the wiretap occurs in real time, or can be performed after
    the fact by looking at information recorded for other purposes
    (such as the accounting example given above).

  - What the medium targeted by the wiretap is - whether it is email,
    IP telephony, Web browsing or EDI transfers.

  These questions are believed to be irrelevant to the policy outlined
  in this memo.

  Wiretapping is also sometimes called "interception", but that term is
  also used in a sense that is considerably wider than the monitoring
  of data crossing networks, and is therefore not used here.

4. Why the IETF does not take a moral position

  Much of the debate about wiretapping has centered around the question
  of whether wiretapping is morally evil, no matter who does it,
  necessary in any civilized society, or an effective tool for catching
  criminals that has been abused in the past and will be abused again.

  The IETF has decided not to take a position in this matter, since:

  - There is no clear consensus around a single position in the IETF.

  - There is no means of detecting the morality of an act "on the
    wire".  Since the IETF deals with protocol standardization, not
    protocol deployment, it is not in a position to dictate that its
    product is only used in moral or legal ways.

  However, a few observations can be made:

  - Experience shows that tools which are effective for a purpose tend
    to be used for that purpose.

  - Experience shows that tools designed for one purpose that are
    effective for another tend to be used for that other purpose too,
    no matter what its designers intended.

  - Experience shows that if a vulnerability exists in a security
    system, it is likely that someone will take advantage of it sooner
    or later.




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  - Experience shows that human factors, not technology per se, is the
    biggest single source of such vulnerabilities.

  What this boils down to is that if effective tools for wiretapping
  exist, it is likely that they will be used as designed, for purposes
  legal in their jurisdiction, and also in ways they were not intended
  for, in ways that are not legal in that jurisdiction. When weighing
  the development or deployment of such tools, this should be borne in
  mind.

5. Utility considerations

  When designing any communications function, it is a relevant question
  to ask if such functions efficiently perform the task they are
  designed for, or whether the work spent in developing them is not, in
  fact, worth the benefit gained.

  Given that there are no specific proposals being developed in the
  IETF, the IETF cannot weigh proposals for wiretapping directly in
  this manner.

  However, as above, a few general observations can be made:

  - Wiretapping by copying the bytes passed between two users of the
    Internet with known, static points of attachment is not hard.
    Standard functions designed for diagnostic purposes can accomplish
    this.

  - Correlating users' identities with their points of attachment to
    the Internet can be significantly harder, but not impossible, if
    the user uses standard means of identification. However, this means
    linking into multiple Internet subsystems used for address
    assignment, name resolution and so on; this is not trivial.

  - An adversary has several simple countermeasures available to defeat
    wiretapping attempts, even without resorting to encryption. This
    includes Internet cafes and anonymous dialups, anonymous remailers,
    multi-hop login sessions and use of obscure communications media;
    these are well known tools in the cracker community.

  - Of course, communications where the content is protected by strong
    encryption can be easily recorded, but the content is still not
    available to the wiretapper, defeating all information gathering
    apart from traffic analysis.  Since Internet data is already in
    digital form, encrypting it is very simple for the end-user.






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  These things taken together mean that while wiretapping is an
  efficient tool for use in situations where the target of a wiretap is
  either ignorant or believes himself innocent of wrongdoing,
  Internet-based wiretapping is a less useful tool than might be
  imagined against an alerted and technically competent adversary.

6. Security Considerations

  Wiretapping, by definition (see above), releases information that the
  information sender did not expect to be released.

  This means that a system that allows wiretapping has to contain a
  function that can be exercised without alerting the information
  sender to the fact that his desires for privacy are not being met.

  This, in turn, means that one has to design the system in such a way
  that it cannot guarantee any level of privacy; at the maximum, it can
  only guarantee it as long as the function for wiretapping is not
  exercised.

  For instance, encrypted telephone conferences have to be designed in
  such a way that the participants cannot know to whom any shared
  keying material is being revealed.

  This means:

  - The system is less secure than it could be had this function not
    been present.

  - The system is more complex than it could be had this function not
    been present.

  - Being more complex, the risk of unintended security flaws in the
    system is larger.

  Wiretapping, even when it is not being exercised, therefore lowers
  the security of the system.














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7. Acknowledgements

  This memo is endorsed by the IAB and the IESG.

  Their membership is:

  IAB:

  Harald Alvestrand
  Randall Atkinson
  Rob Austein
  Brian Carpenter
  Steve Bellovin
  Jon Crowcroft
  Steve Deering
  Ned Freed
  Tony Hain
  Tim Howes
  Geoff Huston
  John Klensin


  IESG:

  Fred Baker
  Keith Moore
  Patrik Falstrom
  Erik Nordmark
  Thomas Narten
  Randy Bush
  Bert Wijnen
  Rob Coltun
  Dave Oran
  Jeff Schiller
  Marcus Leech
  Scott Bradner
  Vern Paxson
  April Marine

  The number of contributors to the discussion are too numerous to
  list.










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8. Author's Address

  This memo is authored by the IAB and the IESG.

  The chairs are:

  Fred Baker, IETF Chair
  519 Lado Drive
  Santa Barbara California 93111

  Phone: +1-408-526-4257
  EMail: [email protected]


  Brian E. Carpenter, IAB Chair
  IBM
  c/o iCAIR
  Suite 150
  1890 Maple Avenue
  Evanston IL 60201
  USA

  EMail: [email protected]

9. References

  [RFC 1984]  IAB and IESG, "IAB and IESG Statement on Cryptographic
              Technology and the Internet", RFC 1984, August 1996.























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9. Full Copyright Statement

  Copyright (C) The Internet Society (2000).  All Rights Reserved.

  This document and translations of it may be copied and furnished to
  others, and derivative works that comment on or otherwise explain it
  or assist in its implementation may be prepared, copied, published
  and distributed, in whole or in part, without restriction of any
  kind, provided that the above copyright notice and this paragraph are
  included on all such copies and derivative works.  However, this
  document itself may not be modified in any way, such as by removing
  the copyright notice or references to the Internet Society or other
  Internet organizations, except as needed for the purpose of
  developing Internet standards in which case the procedures for
  copyrights defined in the Internet Standards process must be
  followed, or as required to translate it into languages other than
  English.

  The limited permissions granted above are perpetual and will not be
  revoked by the Internet Society or its successors or assigns.

  This document and the information contained herein is provided on an
  "AS IS" basis and THE INTERNET SOCIETY AND THE INTERNET ENGINEERING
  TASK FORCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
  BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION
  HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF
  MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Acknowledgement

  Funding for the RFC Editor function is currently provided by the
  Internet Society.



















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