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Hackers Underworld 2: Forbidden Knowledge
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TEMPEST.TXT
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Date: Fri, 19 Jan 90 19:13:44 -0500
From: cjs%cwru@cwjcc.ins.cwru.edu (Christopher J. Seline (CJS@CWRU.CWRU.EDU))
The following is a prepublication draft of an article on TEMPEST. I am posting
it to this news group in the hope that it will:
(1) stimulate discussion of this issue;
(2) expose any technical errors in the document;
(3) solicit new sources of information;
(4) uncover anything I have forgotten to cover.
I will be unable to monitor the discussions of the article. Therefore, PLEASE
post your comments to the news group BUT SEND ME A COPY AT THE ADDRESS LISTED
BELOW.
I have gotten a number of mail messages about the format of this
article. Some explanation is in order: The numbered paragraphs
following "____________________" on each page are footnotes. I suggest
printing out the document rather than reading it on your CRT.
Thanks you in advance.
Christopher Seline
cjs@cwru.cwru.edu
cjs@cwru.bitnet
(c) 1990 Christopher J. Seline
=============================================================================
<Start Print Job>
<New Page>
Eavesdropping On
the Electromagnetic Emanations
of Digital Equipment:
The Laws of Canada,
England and the United States
This document is a rough
draft. The Legal
Sections are overviews.
T h e y w i l l b e
significantly expanded in
the next version.
We in this country, in this generation, are -- by
destiny rather than choice -- the watchmen on the
walls of world freedom.[1]
-President John F.
Kennedy
_____________________
1. Undelivered speech of President John F. Kennedy, Dallas
Citizens Council (Nov. 22, 1963) 35-36.
<New Page>
In the novel 1984, George Orwell foretold a future
where individuals had no expectation of privacy because the
state monopolized the technology of spying. The government
watched the actions of its subjects from birth to death. No
one could protect himself because surveillance and counter-
surveillance technology was controlled by the government.
This note explores the legal status of a surveillance
technology ruefully known as TEMPEST[2]. Using TEMPEST
technology the information in any digital device may be
intercepted and reconstructed into useful intelligence
without the operative ever having to come near his target.
The technology is especially useful in the interception of
information stored in digital computers or displayed on
computer terminals.
The use of TEMPEST is not illegal under the laws of the
United States[3], or England. Canada has specific laws
criminalizing TEMPEST eavesdropping but the laws do more to
hinder surveillance countermeasures than to prevent TEMPEST
surveillance. In the United States it is illegal for an
individual to take effective counter-measures against
TEMPEST surveillance. This leads to the conundrum that it
is legal for individuals and the government to invade the
privacy of others but illegal for individuals to take steps
to protect their privacy.
The author would like to suggest that the solution to
this conundrum is straightforward. Information on
_____________________
2. TEMPEST is an acronym for Transient Electromagnetic Pulse
Emanation Standard. This standard sets forth the official views
of the United States on the amount of electromagnetic radiation
that a device may emit without compromising the information it is
processing. TEMPEST is a defensive standard; a device which
conforms to this standard is referred to as TEMPEST Certified.
The United States government has refused to declassify the
acronym for devices used to intercept the electromagnetic
information of non-TEMPEST Certified devices. For this note,
these devices and the technology behind them will also be
referred to as TEMPEST; in which case, TEMPEST stands for
Transient Electromagnetic Pulse Surveillance Technology.
The United States government refuses to release details
regarding TEMPEST and continues an organized effort to censor the
dissemination of information about it. For example the NSA
succeeded in shutting down a Wang Laboratories presentation on
TEMPEST Certified equipment by classifying the contents of the
speech and threatening to prosecute the speaker with revealing
classified information. [cite coming].
3. This Note will not discuses how TEMPEST relates to the
Warrant Requirement under the United States Constitution. Nor
will it discuss the Constitutional exclusion of foreign nationals
from the Warrant Requirement.
<New Page>
protecting privacy under TEMPEST should be made freely
available; TEMPEST Certified equipment should be legally
available; and organizations possessing private information
should be required by law to protect that information
through good computer security practices and the use of
TEMPEST Certified equipment.
I. INTELLIGENCE GATHERING
Spying is divided by professionals into two main types:
human intelligence gathering (HUMINT) and electronic
intelligence gathering (ELINT). As the names imply, HUMINT
relies on human operatives, and ELINT relies on
technological operatives. In the past HUMINT was the sole
method for collecting intelligence.[4] The HUMINT operative
would steal important papers, observe troop and weapon
movements[5], lure people into his confidences to extract
secrets, and stand under the eavesdrip[6] of houses,
eavesdropping on the occupants.
As technology has progressed, tasks that once could
only be performed by humans have been taken over by
machines. So it has been with spying. Modern satellite
technology allows troop and weapons movements to be observed
with greater precision and from greater distances than a
human spy could ever hope to accomplish. The theft of
documents and eavesdropping on conversations may now be
performed electronically. This means greater safety for the
human operative, whose only involvement may be the placing
of the initial ELINT devices. This has led to the
ascendancy of ELINT over HUMINT because the placement and
_____________________
4. HUMINT has been used by the United States since the
Revolution. "The necessity of procuring good intelligence is
apparent & need not be further urged -- All that remains for me
to add is, that you keep the whole matter as secret as possible.
For upon Secrecy, Success depends in Most Enterprises of the
kind, and for want of it, they are generally defeated, however
well planned