Tech
Spanish court acquits suspects denied access to ‘raw’ Sky ECC intercepts in landmark decision | Computer Weekly
A Spanish court has raised questions about the validity and reliability of intercepted phone data, acquitting multiple defendants of drug trafficking charges in a case that relied solely on intercepted evidence from the encrypted phone network Sky ECC.
The case is the most significant rejection by a court of the validity of electronic evidence intercepted during an international police hacking operation against an encrypted phone network used by criminal groups.
The provincial court in València found that prosecutors could not rely on digital evidence to prove their case when defendants had been refused access to the raw data harvested from Sky ECC – denying experts the ability to test the reliability and authenticity of the data.
The decision, released on 23 January, will have implications for future prosecutions that rely on interception from police hacking operations into the Sky ECC and EncroChat encrypted phone networks, where there is no other evidence to prove criminal behaviour.
Julio Sánchez, a lead defence lawyer on the case, told Computer Weekly that the court decision will set a new benchmark for future prosecutions based on intercepted phone data.
The court had recognised that “the right to a fair trial requires that the defence has access to the original data in order to adequately exercise their right to [challenge the evidence] and defence,” he said. “I know that there are already judges, police officers and prosecutors studying how to act right now. They certainly did not expect this.”
Defendants denied access to raw intercept material
Defendants in EncroChat and Sky ECC cases have been routinely denied access to the raw data intercepted by joint French and Dutch investigators from the phone network services hosted in the OVH datacentre in France. The French government has also refused to disclose details of how investigators obtained data from the network, citing French military secrecy.
Police investigators have been able to identify the users of Sky ECC and EncroChat phones by mapping their phone movements, placing suspects under surveillance, or using automatic number plate recognition (ANPR) to identify vehicles. In some cases, suspects posted “selfies” of themselves or colleagues, which allowed police to identify them as owners of anonymous “handles” assigned to each phone encrypted user.
However, there have also been a significant number of prosecutions brought in which the only evidence of a crime came from intercepted messages themselves, with no supporting evidence from drug seizures or recovered firearms. Many of the people charged in the UK have pleaded guilty to avoid longer sentences.
The València court ruling will make prosecutions based on intercept evidence alone more difficult and will put pressure on police to make the raw intercept data available to defendants so that they can independently assess the reliability of the intercept material – something that prosecutors have so far resisted.
Cocaine discovered in shipping container
The police investigation in València began in August 2020, when Spanish police and customs surveillance officers found an open shipping container at the APM container terminal in the city’s port. They discovered three black bags holding more than 100 tablets of high-purity cocaine among the cargo.
Spanish police were unable to identify who was responsible for the drug smuggling operation and dropped the investigation. But just over a year later, prosecutors applied to France for copies of phone messages intercepted by French investigators from the Sky ECC mobile phone network, which they used to identify and arrest suspects.
Electronic evidence lacked digital signature
The 44-page judgment reveals that the French authorities sent Spanish police an email containing a URL to a zip file containing intercepted messages from Sky ECC relevant to the Spanish investigation. Spanish investigators downloaded the files to a USB stick presented to the court.
Defence lawyers argued that the files had been downloaded without using a digital signature to record a hash value that would ensure the integrity and authenticity of the messages.
The court agreed that the digital evidence obtained from Sky ECC was the product of at least two filtering and selection processes, by French and Spanish law enforcement authorities, that lacked “intrinsic elements that guarantee their authenticity and integrity”.
“For this reason, the electronic evidence provided lacked the only elements capable of guaranteeing the integrity and authenticity of digital evidence,” the judgment added.
Only evidence from intercepted chats
Most importantly, the court said that digital evidence from chat messages on Sky ECC provided was the only evidence supporting the prosecutor’s claims that most of the defendants were involved in criminal acts.
Although the police had produced reports on security camera recordings, which prosecutors said implicated some of the defendants as possible participants in the removal of drugs, defence lawyers raised “serious and very reasonable doubts” about the report which the court said “cannot be ignored”.
The Sky ECC intercepts “were the only evidence that could prove the participation of each and every one of the defendants”, it said.
Defence should be given ‘raw’ intercept data
In the absence of any other evidence against them, the defendants should have been provided with access to the raw data intercepted by the French, so that independent experts could test its reliability and challenge the evidence, the court found.
The European Court of Human Rights (ECHR) established in the case of Yüksel Yalçinkaya v. Türkiye that defendants must be allowed to access the raw data obtained from the interception of encrypted communications systems.
“The unavailability of such raw data, of such original digital evidence, in these proceedings…means that the digital evidence provided against them is not sufficient to rebut the presumption of innocence of the accused,” the court found.
Court had no choice but to acquit
The defence did not dispute the discovery of cocaine in a container at the Port of València. But the court found that in the absence of any valid evidence beyond Sky ECC that the defendants were involved in a drug trafficking operation, “there is no choice but to acquit them of the crimes of which they were accused”.
Julio Sánchez told Computer Weekly that the case was the first trial in Spain in which there was no other evidence apart from the decrypted intercepts from Sky ECC.
“The court also recognises that the digital evidence provided lacked intrinsic elements that would guarantee its authenticity and integrity, such as a digital signature or hash value,” he added. “Furthermore, the court considers that, according to the doctrine of the ECHR, when digital evidence constitutes the only incriminating evidence, the right to a fair trial requires that the defence has access to the original data in order to adequately exercise their right to contradiction and defence.”
He said that the case will set a benchmark for other Sky ECC cases regarding the value of digital evidence and the “necessity for it to be original, authentic and integral. In short, it must be reliable to be used in court. This will be crucial.”
The Spanish decision follows a ruling by an Antwerp court last year to adjourn a prosecution after unexplained changes were found in evidence files containing intercept material from Sky ECC. Two Italian courts last week also raised questions about the reliability of Sky ECC evidence.
Man-in-the-middle attack
Dutch and Belgium police began an investigation into the Canadian company Sky Global, which provided mobile phone encryption software, known as Sky ECC, after seizing encrypted phones during a drug trafficking investigation in 2016. Belgian investigators were subsequently able to buy a Sky ECC cryptophone from a distributor they met at the back of a “seedy” café, who insisted on receiving cash and refused to provide a receipt.
Investigators later established that the Sky ECC network was hosted on two BlackBerry Business Enterprise Servers at the OVH SAS datacentre in Roubaix, France.
In May 2019, Belgium, Dutch and French investigators met at Europol in the Hague to discuss a joint investigation into the criminal use of Sky ECC phones, while the US agreed to pause its own investigation into Sky Global.
Dutch developed decryption technique
French investigators obtained a warrant to install a “data capture device” on a Sky ECC which allowed them to intercept and decrypt messages posted in group discussions by intercepting the encryption keys shared by the group owner.
A team of Dutch researchers subsequently developed a technique to decrypt individual messages by installing a man-in-the-middle (MITM) server to intercept Sky ECC traffic before passing it on to the legitimate Sky ECC server.
The MITM server sent out a specially designed “push notification” to prompt Sky ECC handsets to transmit the cryptographic data needed to decrypt individual messages, allowing police to intercept and decrypt messages in “real time”.
Spanish police issued a European Investigation Order to France requesting Sky ECC data to assist in identify suspects connected to the cocaine discovered at the Port of València in 2021.
The court acquitted all defendants last week. It found that the only issue that remained unresolved is the lack of legal recourse for people accused of crimes outside of France to challenge the lawfulness of the French judicial operation against Sky ECC’s servers in France.
The judges said it was not necessary to consider the issue as none of the defendants had attempted to bring a legal challenge in the French courts. Prosecutors have 10 days from the date of the judgment to file an appeal.
The 14 individuals acquitted were: Daniel Serrano Ramos, Fernando Moreno Sorní, Quintín Martínez Albalate, Jokin Larraona Ariño, Iván Torrijo Ríos, Onofre Garrido Rufino, Andrés Doménech Mocholí, Norman Pérez Galdón, Manuel Garrido Magdaleno, Javier Cutillas Riaza, Borja Manzano Ribes, and Lázaro Antonio Caparrós, Horatiu Armanca and Enrique Blanch Caparrós.
Tech
OpenAI Brings Its Ass to Court
Wednesday’s episode of the Musk v. Altman trial kicked off on Wednesday with a unique proposition: OpenAI wanted to bring its ass into the courtroom, and lay it bare before the jury. It’s a good thing lady justice wears that blindfold.
A lawyer for Sam Altman’s AI behemoth, Bradley Wilson, approached US district judge Yvonne Gonzalez Rogers and handed her a small gold statue with a white stone base. It depicted the rear end of a donkey—with two legs, a butt, and a tail—and was inscribed with the message, “Never stop being a jackass for safety.”
OpenAI lawyers claim a small group of employees presented the gift to chief futurist Joshua Achiam, who started at the company as an intern in 2017 and now leads its work studying how society is changing in response to AI. Wilson said that Achiam interrupted Elon Musk’s parting speech from OpenAI in 2018 to warn that the billionaire’s desire to develop AGI at Tesla could come at the expense of safety. Wilson added that the trophy commemorates some “strong language” that Musk used toward Achiam in response—allegedly, calling him a jackass.
OpenAI requested to present the physical object during Achiam’s testimony on Wednesday, arguing that it adds to their case. While Musk’s team said the statue was irrelevant, Judge Gonzalez Rogers said she will consider allowing it when it’s referenced to corroborate the story. However, she seemed less than thrilled about accepting it as official evidence, which would put it in the court’s possession. “I don’t want it,” she said.
Representatives for Musk and OpenAI did not immediately respond to a request for comment about the ass.
Musk’s lawsuit accuses OpenAI of effectively stealing a charity, misusing his $38 million in donations to build an $850 billion business. In response, OpenAI has argued that Musk has always cared more about controlling a top-tier AGI lab than funding a nonprofit.
Earlier in the trial, Musk lawyer Steven Molo asked him if he ever called an OpenAI employee a “jackass.” Musk said “it’s possible” he did at some point, but that he didn’t mean for it to be offensive. “Sometimes you have to use language that gets people out of their comfort zone, if we’re going in the wrong direction,” Musk said.
OpenAI has long been proud of its jackass. When The Wall Street Journal asked about the statue in 2023, Altman told them, “You’ve got to have a little fun … This is the stuff that culture gets made out of.”
Tech
Trump’s Inner Circle Is Already Scrambling Over the 2028 Presidential Ticket
Anxiety over the 2028 presidential election and the Republican ticket has officially hit the White House.
On Monday night, Trump informally polled guests at a dinner held in the White House’s Rose Garden on their preferred candidate. “Who likes JD Vance? Who likes Marco Rubio?” he said, before suggesting a Vance-Rubio ticket would be a “dream team.”
Trump’s Apprentice-style crowdwork was a moment of levity that masked the fact that over the last few days, White House aides have been confronting the difficult—and still faraway—question of who will be the Republican nominee.
The president has actually done several snap polls in recent weeks, a source familiar with the matter tells WIRED. The results have been notable, they say: When Trump polled donors at Mar-a-Lago, they favored Rubio. But when Trump recently polled a group of law enforcement officers that the White House thinks are perhaps more representative of regular voters, they favored Vance.
Vance remains the presumptive nominee, White House sources tell me, but he has not been taking anything for granted. In fact, the vice president’s top advisers started the week huddled at a retreat to discuss political strategy, the sources said.
He has also taken steps to bolster his political team, which has remained largely the same since his days as a US senator, ahead of what could be a bruising midterms for Republicans as they grapple with the politically toxic fallout of the Iran war and a House GOP spending package that earmarks $1 billion for Trump’s ballroom project, among other issues.
Vance started discussing changes to his team, including the addition of Cliff Sims as his new national security adviser and elevating Will Martin to be his deputy chief of staff, back in January, according to two sources familiar with the matter.
Sims, whose new position was announced yesterday, is widely regarded in Washington as a ruthless political operator who could bolster the vice president through his long experience in Trumpworld and close relationships with a crop of top administration officials.
Chief among them are his ties to CIA director John Ratcliffe—for whom Sims has spent the past year as an external adviser, according to multiple sources familiar with the arrangement. The sources tell me they expect Vance and Ratcliffe to work more closely together and thereby dramatically increase the vice president’s influence on national security policy.
Sims, who is not expected to start for several weeks, is also likely to start shaping the vice president’s political messaging. He previously served as a White House press aide and, later, as communications director for the office of the director of national intelligence.
Of course, the person heading up the National Security Council is none other than Rubio, who holds the title of Trump’s national security adviser in addition to secretary of state.
Chatter about Rubio’s potential as a 2028 candidate was turbocharged last week when he filled in for press secretary Karoline Leavitt to brief reporters on the Iran war. His appearance reignited a slew of news stories about whether he might run for the presidency.
“There is no secret plan to make Rubio president,” said one Rubio ally who spoke on the condition of anonymity, adding that the secretary of state did not volunteer to do the briefing, which instead came at the behest of the White House.
Still, Rubioworld has been quietly pleased about the positive coverage his briefing generated, according to people familiar with the matter. The White House then posted a clip of Rubio describing his vision for America on X, which almost resembled a presidential stump speech.
Tech
Inside the Race to Develop a Test for the Rare Andes Hantavirus
As passengers return to the US from the cruise that saw a rare hantavirus outbreak, much of the country is lacking a basic public health tool: a test to diagnose the illness in the earliest stages of infection. Nebraska may be the first state with the ability to do so.
In just a few days, a lab at the University of Nebraska Medical Center in Omaha developed its own diagnostic test for the Andes virus in anticipation of receiving 16 American passengers from the ship.
“I believe we might be the only lab in the nation that has this test available at the moment,” Peter Iwen, director of the Nebraska Public Health Laboratory tells WIRED, referring to polymerase chain reaction (PCR) testing, which was important during the Covid-19 pandemic. Its ability to detect tiny quantities of the virus before patients have full-blown symptoms makes it crucial for identifying cases quickly, getting patients prompt medical treatment, and preventing the spread of disease.
The university’s medical center is home to a highly specialized biocontainment unit designed to care for patients with severe infectious diseases that lack vaccines or treatments. Staff members previously treated patients during the 2014 Ebola outbreak and cared for some of the first Americans diagnosed with Covid in 2020.
When Nebraska was notified that it would be receiving some of the passengers, Iwen contacted the US Centers for Disease Control and Prevention to see if it had tests on hand. He learned that the CDC has the ability to run a serological test, which looks for the presence of hantavirus antibodies. But people don’t develop antibodies until they are actively sick and their body has had time to mount an immune response.
Andrew Nixon, a spokesperson for the US Department of Health and Human Services, told WIRED that the CDC has a PCR test for the Andes virus but that it’s a research test that cannot be used for patient management. Research tests are used in scientific experiments, while diagnostic tests that are meant to confirm or rule out a disease in patients need to be rigorously tested, or validated, to make sure they are capable of producing consistent results. Nixon said the agency is working on validating its PCR test.
Iwen’s lab mobilized quickly to track down the materials needed to build and validate a PCR test from scratch. They called a lab in California—a state that has previously seen hantavirus cases—but their test was for a specific strain found in the US. Andes virus has previously only been detected in South America and isn’t found in rodents native to the US.
“Tests that we have available in the US will not detect that virus that’s found in South America,” he says, noting that the Andes virus is very different genetically from the primary hantavirus strain found in the US, known as the Sin Nombre virus.
The Nebraska team reached out to Steven Bradfute, a hantavirus scientist at the University of New Mexico. Frannie Twohig, a graduate student in Bradfute’s lab, had developed an Andes virus PCR test for research purposes as part of her PhD work. Bradfute’s lab also has genetic material of the Andes virus that’s not capable of causing disease which the Nebraska lab would need to validate its test.
On Friday, Bradfute shipped the genetic material and a box of chemical reagents needed to detect the virus in blood samples overnight to Nebraska. By Saturday morning, Iwen’s team had what it needed to start assembling and validating its test.
It was enough to run about 300 tests, which took all day Saturday and Sunday, Iwen says. His team added Andes genetic material in various concentrations to samples of healthy human blood to see if their test could detect it. Then, they compared the results to control samples. The team used up about a third of its tests on the validation process and now has the capacity to conduct a few hundred tests on patient samples.
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