Current users of Windows 7 or 8 have been offered free upgrades to Windows 10. This would be tempting except for the liability that this may create. As we all know, there is no such thing as a free lunch.
Many experts deem lots of the new so-called features to be spyware. It is one thing to find an application misbehaving; it is entirely different to use an OS designed to allow Microsoft (MS) to monetize your data and squat on your computer hard drive. Built into the Windows 10 OS are spying and data-mining features that deliver data to MS which MS then uses to generate profits.
The long-winded Microsoft Services Agreement runs to 40,000 words of impenetrable legalese and you must agree to everything in it to get your new OS. Unfortunately, or is it predictably, the agreement appears to grant Microsoft the right to read, save, and share anything stored on or accessed using any computer running MS Windows as well as any computer using MS products or services. By default, all of this snooping is turned on and I have serious concerns that it may be impossible to entirely prevent this snooping.
If you are careful in planning your upgrade to Windows 10, and if you have the technical knowledge, then you can probably upgrade the OS while preserving your professional obligation to protect client confidentiality and privacy, at least initially.
To maintain privacy and confidentiality you should use Microsoft’s Media Creation tool. This gives you a copy of the OS installation files. You’ll need at least a 6 GB USB drive. You can use it on multiple PCs. During an upgrade, the installation will look to see if you already have a product key. To do a clean install you may need to have your Windows 7 or 8 product key. You should tape it on your PC. Keep the USB since there’s no other way to get back to Windows 10 if anything unexpected happens. Doing the installation otherwise may allow MS to scrape data from your computer.
By clicking on “Express Settings” during installation you give away your contacts, calendar details, text and touch input, location data, and a whole lot more. It is clear that MS wants to monetize the confidential information on your computer. This creates a serious liability for Canadian private investigators who maintain personal identifiers and other confidential information on Windows 10 machines. Under Canada’s Personal Information Protection and Electronic Documents Act (PEPIDA), by accepting the terms of the Microsoft Services Agreement you have chosen to share this information and in most cases that may be illegal. Accepting this agreement may also put private investigators in contravention of their licencing statutes.
If you click on the small “Customise settings” button at installation, you must toggle many settings on two pages to ‘off’. Don’t forget to include Wi-Fi Sense. Using the Privacy App to turn-off the data stream to MS for those who have already installed the OS using “Express Settings” will be even more confusing to the average user. After doing all the above, Windows 10 continues to send confidential data to MS unless you dig into the registry and group policy editor. Stopping the snooping will disable many features like the digital assistant Cortana that MS is marketing as a reason to upgrade to Windows 10. However, what I am describing here only describes what we can see. Without conducting packet-level analysis, we you don’t really know what data is being sent back to Microsoft, and by which service.
You will also need to go into Windows Firewall and turn-off the rules that allowed a whole slew of Microsoft applications to transmit information.
Windows 10 Home comes with full-disk BitLocker encryption. To enable it, you must use a Microsoft account and the recovery key needed to decrypt your drive resides on Microsoft’s servers. Doing this violates your professional obligations. However, Windows 10 Pro doesn’t have this restriction: you can use BitLocker with a local account and keep your key out of the cloud. Most investigators would use Windows 10 Home and theoretically, a third party could decrypt their drives remotely.
The data stream from your PC to MS is bad enough, but somebody will learn to intercept this data stream and this will leave you open to a targeted attack. If the hacker releases the stolen data and it is tracked back to you or your computer, then your career is likely over. You can expect some form of action under PEPIDA and/or prosecution under your licencing statute. This data breach will almost certainly result in a civil suit and adverse publicity. Who would hire a PI or researcher like that?
Another concern is how updates are delivered. Like Bittorrent, Win 10 updates will be distributed from other Win 10 PCs This presents an extreme risk, as you don’t know where the update is really coming from. You have to know enough to choose how your updates are delivered.
Privacy & the PI
Let’s address this situation realistically from the perspective of the PI or researcher determined to use Windows 10.
Let’s assume that you are a trusting individual. You trust MS government officials, litigants, lawyers, and everybody else to not understand or care that you accepted the Microsoft Service agreement that grants MS access to all your confidential data and the right to save and share it. You must also trust that your own technical expertise is up to the task of properly installing Windows 10 to circumvent all the efforts of MS to access your data.
At the outset, you pay extra for the Pro version to set-up disk encryption with a local account because you are security conscious.
First, you try to install the OS without it being connected to the Internet to ensure it doesn’t scrape data from your PC. This doesn’t work, as it needs connectivity to complete the installation. You discover that you must use the clean install method (using Microsoft’s Media Creation tool) described above to isolate your PC from the Internet to ensure that MS doesn’t scrape data from you computer during the installation. There are reports of Win 10 install files being placed on your computer on Patch Tuesday to use your PC to further distribute the OS installation files. You must learn how to get your patches from only a trusted source and to prevent MS from using your PC to distribute the OS.
Second, upon ensuring that it will not scrape data from your PC during installation, you toggle two pages of settings to ‘off’ and lose many of the new features.
Third, you edit registry and group policies to staunch the continuing flow of data to MS. Doesn’t everybody know how to do this without damaging the usability of the OS?
Fourth, in Windows Firewall, you turn-off the rules that allow MS applications to transmit information to MS.
Fifth, you then choose how your updates are delivered to prevent updates from untrusted sites. You ensure that updates come from trusted computers in your own network.
Sixth, you conduct packet-level analysis and shut-off any service that continues to send data to MS. Doesn’t everybody know how to do this and have the time to do it?
Finally, with every update and patch, you do a packet-level analysis to make sure your privacy and security is intact.
Of course, sending all this private and confidential data to MS is not necessary to have a functioning OS and applications. It is only necessary for MS profits and probably some government snooping.
Next, how to stop the Win 10 install nagging.