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2.3.6 Whistleblowers
ОглавлениеIntelligence agencies, and secretive firms, can get obsessive about ‘the insider threat’. But in 2018, Barclays Bank's CEO was fined £642,000 and ordered to repay £500,000 of his bonus for attempting to trace a whistleblower in the bank [698]. So let's turn it round and look at it from the other perspective – that of the whistleblower. Many are trying to do the right thing, often at a fairly mundane level such as reporting a manager who's getting bribes from suppliers or who is sexually harassing staff. In regulated industries such as banking they may have a legal duty to report wrongdoing and legal immunity against claims of breach of confidence by their employer. Even then, they often lose because of the power imbalance; they get fired and the problem goes on. Many security engineers think the right countermeasure to leakers is technical, such as data loss prevention systems, but robust mechanisms for staff to report wrongdoing are usually more important. Some organisations, such as banks, police forces and online services, have mechanisms for reporting crimes by staff but no effective process for raising ethical concerns about management decisions14.
But even basic whistleblowing mechanisms are often an afterthought; they typically lead the complainant to HR rather than to the board's audit committee. External mechanisms may be little better. One big service firm ran a “Whistle-blowing hotline” for its clients in 2019; but the web page code has trackers from LinkedIn, Facebook and Google, who could thus identify unhappy staff members, and also JavaScript from CDNs, littered with cookies and referrers from yet more IT companies. No technically savvy leaker would use such a service. At the top end of the ecosystem, some newspapers offer ways for whistleblowers to make contact using encrypted email. But the mechanisms tend to be clunky and the web pages that promote them do not always educate potential leakers about either the surveillance risks, or the operational security measures that might counter them. I discuss the usability and support issues around whistleblowing in more detail in section 25.4.
This is mostly a policy problem rather than a technical one. It's difficult to design a technical mechanism whereby honest staff can blow the whistle on abuses that have become ingrained in an organisation's culture, such as pervasive sexual harassment or financial misconduct. In most cases, it's immediately clear who the whistleblower is, so the critical factor is whether the whistleblower will get external support. For example, will they ever get another job? This isn't just a matter of formal legal protection but also of culture. For example, the rape conviction of Harvey Weinstein empowered many women to protest about sexual harassment and discrimination; hopefully the Black Lives Matter protests will similarly empower people of colour [32].
An example where anonymity did help, though, was the UK parliamentary expenses scandal of 2008–9. During a long court case about whether the public could get access to the expense claims of members of parliament, someone went to the PC where the records were kept, copied them to a DVD and sold the lot to the Daily Telegraph. The paper published the juicy bits in instalments all through May and June, when MPs gave up and published the lot on Parliament's website. Half-a-dozen ministers resigned; seven MPs and peers went to prison; dozens of MPs stood down or lost their seats at the following election; and there was both mirth and outrage at some of the things charged to the taxpayer. The whistleblower may have technically committed a crime, but their action was clearly in the public interest; now all parliamentary expenses are public, as they should have been all along. If a nation's lawmakers have their hands in the till, what else will clean up the system?
Even in the case of Ed Snowden, there should have been a robust way for him to report unlawful conduct by the NSA to the appropriate arm of government, probably a Congressional committee. But he knew that a previous whistleblower, Bill Binney, had been arrested and harassed after trying to do that. In hindsight, that aggressive approach was unwise, as President Obama's NSA review group eventually conceded. At the less exalted level of a commercial firm, if one of your staff is stealing your money, and another wants to tell you about it, you'd better make that work.