Report Security Problems, Face The Consequences

An Anonymous Coward writes: "Doing a good deed has caused one man a lot of trouble in the past year. Brian K. West, a tech support junky in a SE. Oklahoman ISP is now facing felony charges due to alerting his competition about a serious security flaw in their systems. The full story can be found at LinuxFreak.org ... I find this rather disturbing that our federal government would do such a thing to someone.." The details of the story lead to some head-scratching.

Comments

Interesting Tactic

[zpengo]

Competition: "Oh, there is? Really? How does it...? Oh, geez that's really bad. It does that too!? You're joking? Wow, we'll get on that right away." (Hangs up phone and calls police.)

PHB: "Good work, Johnson! That'll show 'em!"

Naked Woman Seeks Sex at Airport

Re:Interesting Tactic

[krogoth]

The bad thing is that, as far as I can tell, the person he called and the site he worked for were hosted by a competitor, not a competitor themselves.

Better off dead

[phantumstranger]

Could someone please help me with the difference between a "good dead" and a bad one? Is it like the joke about a fast death?

You're alive, you're alive, you're alive, you're dead.

...as opposed to a slow one;

You're alive, you're alive, you're alive, you're dead.

Re:Better off dead

[imagineer_bob]

I'd be careful.

I was the FIRST PERSON to point out a misspelling in a story about "Florda", yet I was moderated down as "redundant" -- the L1nux sissies who read Slashdot thought that, somehow, I'd know that people would post the same comment _after_ I did.

It's the zeal of the linux crazies on Slashdot that caused me to dump Linux and run FreeBSD.

Which gets me back to this story. The only facts we know are what some site called "LinuxFreak" says. I don't know the facts of the trial. I'm sure the FBI thought he did *something* wrong.

Re:Better off dead

[Anonymous Coward]

Well the only thing that keeps a lot of people alive is hope. If they could see the future suicide rates would probably be higher. In other words, if you know that the sum total of your life is going to be pain and suffering, then you are "better off dead" and your suicide is a good death :)

Re:Better off dead

[mmol_6453]

I would have waited to see if some commenter came out with a link to more facts.

Happens every time.

Re:Better off dead

[ethereal]

[Better Off Dead]

"Go down hill, really fast. When you see a tree, swerve!"

...

[or, my favorite]

"He had his testicles all over me!"

[John Cusack] "Tentacles - 'nt'. Big difference."

Re:Better off dead

[rjamestaylor]

You're alive, you're alive, you're alive, you're dead.
...as opposed to a slow one;
You're alive, you're alive, you're alive, you're dead.

Ok, so you're saying there's a fixed number of "alive"s before "dead."
My only question is: How can I lenghten the polling on that status check?

Has common sense become less common?

[TheEnglishman]

I can't believe that this sort of thing is happening.

It's a fairly obvious difference between cracking a system, and exploiting the problems found, and coming across a problem by accident and reporting them in a sensible manner.

Behaviour like this from clueless law enforcement bodies who obviously don't know the difference is not going to help any one - it will deter people from helping one another out, because you don't know how the other sysadmin/business will react, and also that the law cannot tell that the party with the problem is overreacting.

What ever happened to the whole global village ethos - you scratch my back (i.e. tell me when I need help) and I'll scratch yours?

Now it's "Ahhh! A cracker!" to everything, good or bad.

Re:Has common sense become less common?

[WindowsTroll]

You may argue that there is an obvious difference between cracking a system and exploiting it, but most 'joe bag-of-donuts' types won't see the difference. What you are fundamentally saying that breaking in to a computer is an OK thing to do - as long as you don't steal anything, and that for law enforcement not to feel that this is OK is indicative of their cluelessness.

How about an analogy that the 'joe bag-of-donuts' crowd can understand. Suppose you get letter in the mail that says

"Hi. I just wanted to let you know that I stopped by your house the other day, and I was able to easily break into your home. I was able to jimmy the back door, and slide open two of your windows. After I entered your house - since I saw that the exterior was insecure, I decided to see how secure the inside of the house was. While doing this, I was able to find your credit cards in your wallet, so your personal information isn't safe in your house. And, you left your gun cabinet unlocked. I just thought that I should share this with you since I am only interested in your security.

The Cracker"

I would argue that 99.9% of the people in this country would say that this person has broken the law and should be arrested, but you are arguing that since they didn't exploit what they found, that the clueless cops should leave this person alone. Common sense dictates that the person should be arrested, and the cops aren't clueless when they do this.

Re:Has common sense become less common?

[rosewood]

But this guy didn't even do this.

What he did was walk by the house and see the front door hanging open when no one was obviously home. He then walked up to the front door and saw that sure enough the door was open. He never went inside. So he came back the next day and said heh, your front door is open.

No one in their right minds would arrest a guy for that.

Re:Has common sense become less common?

[wolf-]

Interesting side thought I'v had.
What about good samaritan laws?

Can one be prosecuted in some states for finding a problem and NOT reporting it?

Re:Has common sense become less common?

[Bobo the Space Chimp]

There's always another side to the story.

The business owner should have been grateful upon hearing, "Hey, there is a massive security hole in your web page. Here's how to fix it."

Instead, he felt threatened, recorded the callback, and called the police. Why?

That's what I want to know. I want to hear the tape.

Free the tape!

Re:Has common sense become less common?

[Skapare]

That analogy does not fit. A more correct one would be:

Hi. I came by to visit you at your house yesterday, and when I knocked on the door, it just swung wide open. Did you know you have left it ajar? I yelled to see if you were at home, but you weren't. You know someone might steal the computer you have set up right at the front of the living room there. Well, I closed the door for you. Since I don't have your key I couldn't lock it. You really should try better to keep your door closed and locked, but if not, at least move the computer to your back room so someone less honorable coming along won't walk off with it.

Using the wrong analogy could leave people who just don't understand in the first place with a misunderstanding of it. As to the specific facts about the case with PDNS.COM, I don't know if I have them all or not. But based on what facts have been presented that I have read, my analogy is the correct one. The only reason 99.9% would say this guy is wrong is if they are judging him based on your flawed analogy. Common sense dictates that the case should be investigated. Maybe LinuxFreak.Org didn't really do a very good job of gathering the facts. But until they all are available, this is what we have to go on, and it makes the feds, idiot small town newspapers, and a certain sysadmin, look bad.

Re: Has common sense become less common?

[3247]

If you make an anology, you gotta make a correct one:

Hi. I just wanted to let you know that I stopped by your house the other day, and I saw that your front door was standing wide open. The next day it still was wide open. So I went in to see whether there was anything wrong. Everything looked ok except that I found what looked like a key for your safe lying open on the table. Just curious how stupid you really are I tested it and it was really fitting. I think that you have a security problem.

(Note: In real life, thie might constitute trespas. However, there's no such thing as digital trespas. In real life, you'd probably just call the police.)

Re:Has common sense become less common?

[NoMoreNicksLeft]

This is like some stupid junk mail printing machine printing up the combinations to the company padlocks, and then sending that junk mail to you. This guy, seeing that it was something very bad, decides to be nice, and call the company up, letting them know what happened.

Or, a better example. After closing hours, you are walking down the street. Your shoelace becomes untied, and you lean up against a storefront, to tie it. Oops, but the door isn't latched, and you tumble inside. Now, do you rush off, and never get caught? This guy didn't.

Do you do like some do, write a small note, and place it inside (the analogy would mean leaving a webadmin.html with the info), which while technically illegal is still in good faith? This guy didn't.

He calls them up on the phone, and informed them of the security flaw. He didn't publicize it, thereby inviting script kiddies. His access is something that is publically and technically acceptable, and he didn't even take a single step beyond it. He acted in good faith, even though competitively he shouldn't have aided the competition, nor was he obligated to do so, ethically or legally.

The only real crime here, is being committed by the prosecutor. He should be charged with false proseuction, and if there is no law for that, treason. Subverting the laws of this country, and attempting to convict someone even though you know them to be innocent, is certainly treasonous. Plus, treason allows for the death penalty, if I'm not mistaken, a just punishment and excellent deterrent.

Re:Has common sense become less common?

[Anonymous Coward]

This is an impressively stupid anaogly in this case. The guy in the article was trying to make a local copy of the website to tinker with. He was doing something that should have been legitimate, if not for the utter stupidity of the website admins. What he did should have only made a local copy of the website.

It's also a bad analogy because your house is something that you don't expect anyone to visit without your knowing about it, so there's additional shock value to the idea that somebody was paying any attention to your house. A website is a tad different in that the reason it exists is for other people to visit it.

A better analogy might be if, in walking around a store, you wander through a door that isn't really labeled in any way and find that you're in an area that really ought to be for employees only. You then point this out to someone affiliated with the store, at which point they threaten to arrest you for breaking and entering.

Re:Has common sense become less common?

[Zico]

It's a fairly obvious difference between cracking a system, and exploiting the problems found, and coming across a problem by accident and reporting them in a sensible manner.

How is what he did sensible? He works for company X. On day 1 he finds a misconfigured server run by company Y, his direct competitor. He spends this day poking around two of the sites hosted there, testing out usernames and passwords that he found on at least one of them. Does he tell anyone who could fix the server anything? No. Not until the next day does he let anybody know about it (assuming he didn't share the info with his buddies), and when he does so, does he call the server operators? No, he goes to company Y's customer and tells them. And he doesn't tell their IT department, he tells it to a newspaper editor. He's not some good samaritan, because he never did tell company Y about the problem with their server. He was still showing people the hole 10 days after he found it.

The sensible thing to do, which I've done a few times, is as that the instant he realized that there was a hole in the server, he should've immediately quit playing around with it and immediately called or emailed the customer or company Y. That is, if he really wanted to wanted to be a good samaritan. If he didn't want to be a good samaritan, that's fine, he doesn't have to call, but you don't sit there poking around the hole after you realize that it's there.

Re:Has common sense become less common?

[Anonymous Coward]

In retrospect, the door should probably be labeled in such a way as to indicate that it would be pretty much OK to go in there.

Re:Has common sense become less common?

[Anonymous Coward]

informing company Y's cusomters that company Y has security problems might lead them to look for a different service provider, such as company X.. sounds sensible to me..

Re:Has common sense become less common?

[rosewood]

Well if it does go to court (which I doubt) then I assume (ass/u/me) that one will be able to hear it, but then it will be burried in the anals of slashbacks

Re:Has common sense become less common?

[mcleodnine]

First off - a house is the wrong analogy. You have a reasonable expectation of privacy as you are not offering or promoting a good or service that invites the general public.

Second - the way I read the article, the system was not secured. A more apt analogy might read like this...

While dropping off my Atari cluster at the local Mini Self Storage I was surprised to learn that after opening the door to my unit, my stuff was all gone and totally replaced with someone else's! After a quick check I realized that I was in the wrong unit. Then I noticed that while the doors were equipped with locks, they were not set up at all. I could turn the knob on any door and take whatever I wanted. Instead I chose to alert this obvious problem to the owners. The owners asked for details on how it was done and said they would contact the locksmith immediately. Instead he phoned the police who in turn notified the FBI.

Re:Has common sense become less common?

[Anonymous Coward]

This is not what the guy did. He wrote a perl script to get the username and passwords from this server. Then, he used the usernames and passwords to access the system. He also repeatedly accessed a bank site and perused checking and savings accounts.

Read the FBI's files against this guy. He is a criminal, and he repeatedly engaged in crime. Perhaps /. readers who post things like "the only guilty person is the prosecuter" should be put on trial since they didn't even bother to check out the full facts before posting.

A.C

Re:Has common sense become less common?

[belg4mit]

Quite an appropriate username you have there

Re:Has common sense become less common?

[mrgoat]

True true. I can understand WHY he did it the way he did it, because he is a stupid sales goob. Salespeople aren't hired to think, they are hired to get new customers in the door. That's what I have learned in the past, having been on the delivering end of salespeoples' promises. As a result, they rarely do anything that could be considered sensible, but what they do generally makes money, or should if they want to keep their jobs.

He DID go about reporting the hole the wrong way. I don't blame him for trying to make a buck (that's just his nature, kinda like expecting scorpions to sting you if you pick them up), but he should have covered his ass with paper from the very moment he found the site was insecure...preferably by going to his VP and making it HIS/HER problem, and documenting everything from there on out. At the very least, even if his company did not back him, he could plead out by implicating his boss, a bigger fish, on a conspiracy charge.

The problem is that this guy sounds just honest enough not to have thought what he did might be considered "wrong" by his competition (note...that is a BAD trait for sales staff- honesty, not the fucking the competition thing). Never mind that he never contacted his superiors NOR the site admin. Jeez. Yeah, contact the customer, who has ZERO clue, and tell them about a security hole. If the newsies didn't go with salesguy's company BEFORE this, they might actually think this salesguy is trying to blackmail them into being his customer...and that would be an expected reaction from a news editor. Editors are suspicious by nature, they have to be, its part of their job.

Re:Has common sense become less common?

[Anonymous Coward]

And you're saying you did check out the facts? According to your statements you have no idea what happened because what you said above is false and is not contained in any FBI files. Which files did you get this from anyway? He didn't write a perl script to get usernames and passwords from this server, they were in a publically accessible plain text file that he found when he clicked "Edit" and all the files for the website showed up. As far as the bank thing goes, that was an interesting "hack". He had an account with that bank and when they opened up their online banking service he used it himself. He noticed that when you logged in, your account number was a part of the URL, so he changed the numbers and reloaded and if you happened to hit another existing account number then presto you had instant access to their bank account balances, etc. He immediately notifed the bank vp/pres (I forget which now) and they fixed the problem ASAP. I guess this situtation is what led him to believe that the PDNS situtation would go the same way. If you're wondering, yes I know Brian personally so I have first hand knowledge of these instances. More first hand than I'd like actually :)

Re:Has common sense become less common?

[Cramer]

Actually, if it ever goes to court, there may be nothing to present. Unless he was aware the phone call was being recorded, the tape is tanted. If there was no search warrant, any materials collected by the FBI at his place of business is also tanted. If the agents didn't identify themselves prior to asking him to show them what he meant, that's entrapment. And of course, if he was never read his rights, ...

While I certainly would agree, on the surface, this looks stupid, we may not have the full story. AND, accidental or intentional, he is almost certainly guilty of "computer tresspass". The "door" analogy is a little flawed... one cannot "see" that a password is not required without actually trying. Look at it more as walking up to knock on a door while blind-folded. Bascially, a locked door looks just like an unlocked door; you have to try to open it to tell one way or the other. And thus, the law is broken (bent, whatever.) Laws that apply to the physical world don't always have an equal in the virtual world.

(The lack of formal charges would suggest nothing will ever come of this stupidity.)

Re:Has common sense become less common?

[blue trane]

He didn't write a perl script to get usernames and passwords from this server, they were in a publically accessible plain text file that he found when he clicked "Edit" and all the files for the website showed up. As far as the bank thing goes, that was an interesting "hack". He had an account with that bank and when they opened up their online banking service he used it himself. He noticed that when you logged in, your account number was a part of the URL, so he changed the numbers and reloaded and if you happened to hit another existing account number then presto you had instant access to their bank account balances, etc. He immediately notifed the bank vp/pres (I forget which now) and they fixed the problem ASAP. I guess this situtation is what led him to believe that the PDNS situtation would go the same way. If you're wondering, yes I know Brian personally

tell him next time, just post it untraceably somewhere and let the script kiddies or whoever have fun with it.

Re:Has common sense become less common?

[fors]

What did he do that was wrong? He opened the page in Frontpage which should have edited a cached copy not the one on the site. The only reason it opened the one on their site is because they did not protect it at all. He found out by accident and as a good neighbor he let them know. He did not do anything that was morally wrong and in any sane society would not be legally wrong. Your analogy is flawed this is more akin to taking a picture of someones house and finding yourself instantly transported into that house because the owner left open a transdimensional gate. Whose fault is it?

Re:Has common sense become less common?

[fors]

If you open a page in Frontpage and suddenly find yourself in the actual page not a cached copy, then you didn't open the door they opened it for you and pushed you inside. The guy had no intention of entering their site.

Re:Has common sense become less common?

[rosewood]

Well I for one always knew we probably did not get the full story. Ive never seen a perfect analogy id I use analogys like I use toilet paper. I just like to speculate... is that so wrong?

Re:Has common sense become less common?

[Doomdark]

Perhaps his way of informing people was incorrect. I could understand, though, that the end-users -- whose site it is, really -- were first contacted, not just because its their work that is in danger (if someone changes pages etc), but also because they most likely care. ISPs should care too, of course... but often not before users complain loudly.

That is not to say it was right or sensible way of doing it. Especially working for ISPs competitor.
Still, there is a long jump from saying it was foolish to saying it was criminal, which should be the point in case. What was the punishment they seek? Five years in prison?

It should still be kept in mind that he did report the problem. He didn't try to abuse it, although prosecution will certainly try to present the case like he did. It's easy to whine about "incorrectly extinguished fire" (old fireman saying), but like everyone and their dog are saying, hindsight is 20/20.

Re:Has common sense become less common?

[an_to_nio]

Gimme a break. If your only argument for his conviction is that he didn't report the hole soon enough and to the exact right people, then you don't have much of an argument.

Re:Has common sense become less common?

[Anonymous Coward]

Learn to read, dumbfuck. Sure looks to me like he was arguing about how sensible that guy was. Where's the word "conviction" in his post?

Re:Has common sense become less common?

[JCCyC]

Not even that. He knocked on the door to deliver pizza and the door spontaneously opened upon knocking. He made one step forward into the house, looked left, right, up, said "hello-oooo?", went out again, closed the door, went away, and came back next day to notify (and to deliver the stale pizza). Then he was charged with B&E.

Re:Has common sense become less common?

[Anonymous Coward]

as a cop who read the article it sounds like he did violate the law. It said that he tested the security holes to make sure they were there. Well under federal law and most state laws unauthorized access to a system is a crime. So despite his good will he did technically commit a violation.

Should this be prosecuted? I dont have enough information to say. Is the prosecutor charging the right statute? I have no idea.

As someoen else mentioned, why didnt he contact the website host or the the sysadmin before going plunking around in their system (even with good intentions). I am not saying this should be charged, just trying to interject a law enforcement perspective about the law.

this is not a new thing

[Emugamer]

whisle blowers have been prosecuted and prosecuted for a long long time..... why do you think we would be immune to the norms of society?

Re:this is not a new thing

[Anonymous Coward]

Even big stupid companies do it!

Whistleblowers take 3Com to court over unsafe kit claim
By: John LeydenPosted: 15/02/2001 at 18:43 GMT

3Com is facing a multi-million dollar lawsuit from former employees claiming it knowingly sold unsafe products and conspired to file false police reports against them when they reported problems with its kit.

Re:this is not a new thing

[tenman]

yeah, with phrases like "don't kill the messenger" you have proof the the society seeks out SOMEONE to blame... now we have three monkey's that can't goo on their flap-flaps anymore...

how sad

Re:this is not a new thing

[Anonymous Coward]

Next time anyone finds a security hole, better cover its own tracks and disclose the hole to the underground. Script kiddies will teach them to call the police when somebody shows that they have a problem.

Re:this is not a new thing

[Emugamer]

or write a worm!!!! yeah thats the ticket... nothing will teach that company like publicity! oh wait. n/m they will just blame the sys admins.

I mean come on there is no good way to do this. Anonymous remailer to the company and the computer crime divsion of some government agency might be the best way. if they ignore it go to wired.com/cnn tech division or submit a stoy to /. as anonymous coward complete with everything but the exploit code.

Re:this is not a new thing

[Nick Number]

Generally a whistle-blower reveals information that the company he works for is deliberately keeping secret.

This is just a guy who reported someone else's bug to them. He didn't even go to the media with it.

Re:this is not a new thing

[Anonymous Coward]

They can get to you in either case. Just search for the IP address. Maybe you can go to a place with public internet access, but for the average hacker that would be a risky trip: a strange-looking guy hanging around.

Re:this is not a new thing

[Lord of the Files]

Actually a real anonymous remailer isn't going to include any IP address info. The cypherpunks' anonymous remailers throw away all identifying information, and are not supposed to log anything. In addition they are designed to be used in series, with each one only knowing who it got the message from, and who to send it to next. As long as at least one of the series of machines you send it through isn't compromised you're safe.

Re:this is not a new thing

[Emugamer]

So Very True.... hmmm now I feel silly for the insightful moderation of my comment. However other parts of the message were true. Bearer of bad news is rarily well recieved.

Re:this is not a new thing

[Jahf]

Well, technically speaking he -did- go to the media ... :)They went to the FBI. Maybe he should have anonymously reported it to some other media faction and let them do with it what they will.

And before anyone gets upset at a slight amount of levity in this post, I've contributed to the case and I fully support him.

Even if he did break a law technically (not saying either way, we may never know for sure without examining the logs ourselves ... hey ... that would be cool), he did the Right Thing and I'm throwing my support behind him.

Who-hoo! Land of the Free!

[mindstrm]

This, from the only country that forces you to go through customs & Immigration even to handle a connecting flight.
From one of the few remaining countries with a death penalty.
From a country that still taxes it's people even if they reside in a foreign country (Only a few countries still do this; one being Libya)

God help us.

Re:Who-hoo! Land of the Free!

[Anonymous Coward]

And fortunately for you, one of the few that won't kill you for criticizing it.

Re:Who-hoo! Land of the Free!

[sbeitzel]

This, from the only country that forces you to go through customs & Immigration even to handle a connecting flight.

No, Canada requires it as well.

Re:Who-hoo! Land of the Free!

[Anonymous Coward]

Feel free to leave.

Re:Who-hoo! Land of the Free!

[Jucius Maximus]

"This, from the only country that forces you to go through customs & Immigration even to handle a connecting flight.

No, Canada requires it as well."

I had a short stop in Germany (Frankfurt) on a connecting flight to Munich. And I had to do customs in Frankfurt, but not in Munich. How about that?

Re:Who-hoo! Land of the Free!

[Anonymous Coward]

Well, I had to take a connecting flight from Frankfurt to Vienna and I was (or the 150 or so people traveiling in my group as a school field trip) had to go through customs.

Re:Who-hoo! Land of the Free!

[Anonymous Coward]

I don't see the lack of death penalty deterring crime in other countries. Plenty of other countries actually make life in jail more of a threat because of the inhuman conditions the prisoners are kept in. Better that we get rid of the rabid ones so the ones that don't kill out of ignorance can do something decent with themselves with this short time we have outside of the darkness.

Idiot, the whole reason our roads and infrastructure are not in the shambles that third world hold as progress is because we tax and put the money towards the people. At least we're not like Europe with its VAT this and tax that where you might see about a third of the money you make with the rest being to take care of lazy bastards that love the word socialist...get to freakin work and produce, folks! Life won't suck so much if you don't spend all your time on the streets near the latest WTO or IMF meeting, or complaining about your neighbor's race or beliefs. We still have real progress to make in the USA, but we're nowhere near being the Chechnya/Israel/Kosovo/Bosnia/Basque Spain/Macedonia/Congo that you see on the news. We got past that junk quite a while back.

Complaining about customs and immigration?!? Oooo, would you like a doily with that whine? Don't spill your tea on that dress, pansy. Pick something real to complain about, like being lined up against a wall and shot, instead of this creature comfort crap.

Re:Who-hoo! Land of the Free!

[trash eighty]

frankfurt and vienna are in different countries

Re:Who-hoo! Land of the Free!

[Anonymous Coward]

Most countries don't kill you for criticising them.
They chuck you in prison instead.

Re:Who-hoo! Land of the Free!

[Anonymous Coward]

Umm... I think you mean Frankfurt and Vienna are located in different countries. Frankfurt is in Germany, Vienna is in Austria.

Re:Who-hoo! Land of the Free!

[trash eighty]

isn't that what i said?

Re:Who-hoo! Land of the Free!

[dbremner]

From one of the few remaining countries with a death penalty.
There are many countries that still have a death penalty: any country with an Islamic legal code, Singapore, China, Cuba, North Korea, etc.

From a country that still taxes it's people even if they reside in a foreign country (Only a few countries still do this; one being Libya)

The U.S. has double taxation treaties with many countries, it's a question of how much time you spend in the other country.

Re:Who-hoo! Land of the Free!

[Anonymous Coward]

But they are in Europe. When travelling to the EU you have to go through C&I at the first point of entry to the EU.

Re:Who-hoo! Land of the Free!

[Anonymous Coward]

Interesting, that you are comparing the US to China, North Korea, Iraq (Islamic legal code country), Libya (Islamic legal code country). I suppose its justified, they have the same kind of reputation concerning human rights abuse.

As for the taxation, that really is a pain. I pay huge local taxes, last year it was 60% income tax. The amount of paper work I would have to fill out if the IRS knew I was here, I just keep a low profile and only use my other nationality :-) (and given the first para, I'm not proud to be american anyway)

hrm

[Anonymous Coward]

Feds:

White Hat? What's that?
The only good hacker is a dead one, right?

yeah

[vectus]

That's why I never do anyone good deads.. they just bitch and complain

But seriously, this guy deserves a medal, not time in jail, or fines. If a worker at a car company knew of a serious fault in another companies car, and didn't come forward, he would be guilty of murder (assuming people died from the flaw). If this guy didn't come forward, he would be partially responsible for the damage caused by the security flaw.

I doubt this case will go that far, though.. I just wish the government would realize how fucking stupid they are being.

Re:yeah

[iamblades]

I doubt the case will go far either. The government has to prove that he had criminal intent, which will be hard, IMO.

You never really know though...

Re:yeah

[jjsjeff]

I'll do you a good deed by teaching you how to spell DEED.

Engineering perspective....

[JoeLinux]

One of the things that lawyers will suggest to a whistle-blower like this is to have lunch in their lunch room, and talk loudly so as to get the information across

(strange, but true)

JoeLinux

Re:Engineering perspective....

[norculf]

So teh hidden microphones can pick it up?

Re:Engineering perspective....

[greenrd]

Oh, I see, so everyone in the company can hear it. That's a pretty cool idea! :-)

Depends..

[dj28]

It says in the article that he 'tested' the secure hole to make sure it was indeed a security hole. It depends on what he did to that site during that 'testing'. If he did something illegal, then they are going to bust him down in court for that.

Re:Depends..

[GoofyBoy]

Thats pretty sad that the FBI thinks they have a case based on this.

Doesn't his intent count for anything?

If think a ground floor window is unlocked, should I just talk to the homeowner or should I least verify it?

Re:Depends..

[dj28]

It is sad. I think it's even more sad that the company actually called the FBI for this. The FBI is merely riding the course of law. The article is skimpy on the details of how he actually went about testing this security hole (and for how long he knew about before reporting it). Those are some pretty important facts. If he removed files, or anything like that, then they are going to have an iron-clad case against this poor guy. I wish him the best luck

Re:Depends..

[matman]

Umm, I think that in the real world you'd realize that you'd look pretty suspicious sneaking around to some guy's window, and trying to open it. I think that you'd just go talk to the homeowner. It's more like you came to knock on the person's door and when you knocked it drifted open, and you can't lock the door without a key.

Re:Depends..

[keesh]

If you accidently drive into someone and kill them, you still killed them, right? If he damaged anything whilst 'testing', he damaged something...

Re:Depends..

[Kazymyr]

I think the message they want to get across is: if you think a ground floor window is unlocked, do neither. Just look away.

Sad, isn't it? I guess we should do just that - see where that'll lead. I will for sure never alert anyone of their security flaws, especially if they're govt.-related, be it the FBI, the CIA, the NSA or whatever. Never.

Re:Depends..

[rosewood]

Strangly enough - in most states car theft is not a felony. Why? Because when you get busted you just say the owner let you borrow it. There is your intent. The owner can sware he didn't say such a thing, but it comes down to one's word vs. the other.

Re:Depends..

[wolf-]

Well, Georgia is a bit stricter.
It is a felony to "enter a vehicle" no matter what you intent is, if you do not have permission.

So, if it is raining and you see a car with its windows down, and you are in the state of Georgia, do NOT open the door and wind up the window.

Re:Depends..

[w3woody]

What I do to test a hole like this is to create a small, new test page that is disconnected from the site, and upload it. Then, I may add a comment to some random HTML file burried in the site (something like a "hello world" comment at the top of the page) and try to replace an existing HTML file. Then, I try to delete the file I created in step one.

None of these changes alter the appearance of the web site, but they test if you can upload, change and delete a file on the server.

As to if this is illegal or not, one element of determining if something marginal like this is illegal is intent. This is akin to noticing if the lock on a gate is broken--you may wind up crossing a few inches inside the gate to determine if the door opens inward, so technically you are tresspassing. But only the most anal DA would try to have you put in jail for crossing six inches into someone else's property to check a gate latch that you then promptly warn them about.

Re:Depends..

[Syberghost]

It's not at all surprising, though.

I have met the FBI's "top computer expert" special agent in Oklahoma. He is probably a good cop, but he doesn't know shit about computers.

He asked for my card as a technical resource, but then I left that company (another SE Oklahoma ISP, as it happens, that doesn't have a lot of overlap with the two in this story) and I never heard from him.

Re:Depends..

[well_jung]

I think the message is: if the Emperor is not wearing any clothes, just look away.

This is, of course, why my $300 went to the EFF

Re:Depends..

[Anonymous Coward]

But the DA will recognize a difference between someone running out in front of you when you don't have time to stop, and you intentionally waiting for them to step off the curb and then stepping on the gas. The first is an accident, and probably won't be prosecuted. The second is first degree murder, and probably will be. When the DA is deciding to prosecute or not, intent is often the factor that matters most.

This guy accidentally accessed their site.

Re:Depends..

[rnt]

Doesn't his intent count for anything?

Although I think his intent should be taken into account and I think he should have been thanked for notifying pdfn.com, I also think it West should have been aware of the risk.

If on Feb. 1st Brian West realized there was no authentication required to edit any file on the site, that would have been enough to warn somebody. Yet he felt it necessary to "test" the hole one day later.

Actually testing the hole wasn't a smart thing to do. There was no need to and no matter how you look at it, it is illegal. Therefore if the site's owner is overly paranoid they can, and probably will, call the authorities.

If a ground floor window is unlocked and you climb into a building through it, you can expect some trouble over it, Saying "I was just verifying if you got a security hole" doesn't mean you didn't unlawfully enter a building.

Don't get me wrong here, I don't think Brian West had anything malicious in mind when he verified the security hole and I am really amazed the way this whole incident turned out, but I still think he shouldn't have made use of the security hole.

There are some serious paranoid people out there and there's always a chance of someone feeling threatened and doing something stupid.
The siteowner's reaction is not too smart, but I really don't understand why the FBI agents came down on West the way they did. They should have realized West was just trying to help pdfn.com and they shouldn't be getting into the "eek, an Evil Hacker just invaded this website" mode...

But then, this isn't really the first time this sort of scenario happened and people don't seem to learn from that.

Re:Depends..

[Anonymous Coward]

How about if it's not raining, but it is in fact really really hot: 100 degrees in the shade, and there's a baby strapped into a baby seat in the back seat of that car and you know for a fact that the car has been there for half an hour? I don't know if Georgia has a Good Samaritan law, but the US at least has the concept of criminal negligence and ignoring a dying baby should qualify. I'm not sure what it's called, but there's a legal principle that's supposed to protect you from paradoxes like that. The law isn't supposed to put you in a situation where both action and inaction are illegal.

In that case, you should feel free to smash the front window open with a rock, open the door, then lean over to the back to open the back door. After that, taking the baby somewhere air-conditioned with a phone to call for an ambulance and then the police should be the next step.

Obviously you could get into trouble for that. Especially if you get stopped just after taking the baby after the car. After all, it is kidnapping.

Obviously the approved thing to do there is to call the police first, and then wait for them to come and do something. It won't get you into trouble like my suggested course of action has maybe a 50/50 chance of doing (police, prosecutors, and Juries, if it goes that far, may be sympathetic), unless you're in a town that has a law against looking into a parked car and an anal retentive DA. Of course, when the police finally arrive, even if it's just five minutes later, and they take a dead baby out of the car, wouldn't you be wondering for the rest of your life if the baby was already dead when you made the call or if it died in the meantime? There are plenty of good reasons to break the letter of law. It just really sucks when the people who enforce the law don't recognize that or simply don't care and don't bend the law in order to better serve the ideals that the laws were created from.

Re:Depends..

[ce110ut]

I agree with you to the part where he 'tested'. however, if they were gonna prosecute him, they should've charged him a long time ago. I don't know if it's the obvious ignorance of the company's leaders or if he actually committed some sort of crime. either way, something seems very wrong about the whole thing.

Re:Depends..

[Anonymous Coward]

YEA GET IT

Just about anything the guy did could be considered a criminal act. Did he look at the web page? Then that could be considered stolen files!

Re:Depends..

[Metrol]

Yet he felt it necessary to "test" the hole one day later.

Throughout your post you are basing your assumption that he already knew there was a security hole on the server. How exactly does he know that? Do you send letters to webmasters hosting on NT's at random to let them know about security flaws? Unless he were to attempt a write back to the server just excactly how does he know that he can? If he can't, there's no security hole to report.

The guy uses Front Page for crying out loud! We're not talking about Ueber Geek here.

Re:Depends..

[Anonymous Coward]

If you accidentally drive into someone and kill them, it's manslaughter -- assuming it was your fault. If you do the same intentionally, it's murder.

Re:Depends..

[Chasuk]

This is NOT a troll...

How about if it's not raining, but it is in fact hailing, and the stones are slamming into the face of a jogger who has slipped and is supine on the sidewalk, and the jogger's teeth are being smashed out by the hail of golf-ball sized stones?

How about if a duck is swatting your testicles with its webbed feet, and your testicles are so swollen that one more swat they will explode, and the sticky contents will splash all over your thighs?

Oh, what relevance does this have to your post? Nothing. Which is exactly my point... what relevance did your post have to the thread at hand?

Re:Depends..

[cha0sadddddddd]

bravo, bravo wish i had some mod points.
and to take that one step further i feel the same way about dogs left in a car in the sun.

Re:Depends..

[werdna]

The great difficulty derives from the outrageously broad language in the Computer Fraud and Abuse Act and in the Stored Communications Act. Virtually every meaningful access of information to or from a computer without authority can be a basis for screaming crime, with just a few technicalities. Indeed, its nasty even in a civil context.

One incredibly important thing to take away from this communication is that if you are ever actually asked to do any kind of security audit, get a plenary release in writing that ANYTHING you do is authorized. If they don't want to do that, consult a lawyer who knows this area before you even begin to think about doing the gig. -- Its amazing how many accesses become "unauthorized" after the fact, depending upon the interests or politics of the day. Don't let this happen to you.

Re:Depends..

[Old Wolf]

This isn't like someone's house.. It's like a shopfront in a mall, but with no glass, and the guy reached out his hand to check whether there were actually no glass, or whether it were just very clean so it appeared invisible

Re:Depends..

[ErikZ]

uh, that doesn't fly with me. How many times have you loaned someone your car WITHOUT GIVING HIM THE KEYS?

Re:Depends..

[Anonymous Coward]

Yes. It depends on the wording of the statute. I dont know all the facts, buuuuuuuuuut it sound slike he did violate the statute.

Should the law be tightened up/clarified? If u think so let your politicians know. They will still mess it up..but hey that's how it goes.

Re:Depends..

[Concerned Onlooker]

Incdredulous, I actually wrote to the Poteau Daily News & Sun and received a reply from Grover Ford of same paper. As usual, there's more than one side to a story. He sent me the text of the original story that ran in the PDN&S in Feb., 2000.

In the article John M. Corbitt, managing editor of the PDN&S writes:

On the tape, West allegedly told Burchett [PDN&S] that anyone with Microsoft Front
Page, Internet programming software, could enter the PDN&S website, and that
there are no safeguards at all.

West allegedly said he had done a security overview of the site and provided
a technical explanation to Burchett of how to log on with a user password to
PDN&S and "edit your stories."

"Subsequent investigation determined that this intrusion was not done
inadvertently," Headrick [FBI] wrote in the affidavit.

According to court records, West told Burchett on Feb. 7 that he had
"inadvertently" entered the website of First National Bank in McAlester, and
looked at customer checking and saving accounts and the transfers of funds.


Contact me if you're interested in a copy of the full story I got from PDN&S.

Re:Depends..

[wolf-]

Looks like a troll, sounds like a troll, smells like a troll, must be a troll.

The original article was about a man, that proportedly was jailed for "helping" another party when he "stumbled" across a security breech in a web site.

So, my post makes a corrilation, tied into the thread by #1 the original "good samaritan" concept and #2 the post I actually replied to.

So, Mr Troll, crawl back under your bridge, another billy goat will be along shortly.

He's a witch...

[doorbot.com]

...burn him!

Re:He's a witch...

[Anonymous Coward]

Well, we won't know for sure until we find a duck . . .

Re:He's a witch...

[NeuroManson]

He turned my PC into a newt!

Re:He's a witch...

[Anonymous Coward]

Did it get better?

Re:He's a witch...

[Metrol]

So... if he weighs as much as a duck, he's made of wood.

And therefore...

This sort of thing seems to be typical

[lordkuri]

The bottom line is, with all the FUD in the media nowadays (CR, Sircam, etc..), anyone who finds a flaw in some type of system is gonna get shafted, period.

The only thing I see as a possible remedy to this is for people to actually start using all those anonymous remailers that are floatin' around, otherwise, be prepared to get bent over for trying to be helpful. I can relate to this personally, the only good thing about it is that I only got fired, not arrested. But how much more BS are people going to take before they start to take a stand against this kind of crap?

Re:This sort of thing seems to be typical

[Trollificus]

If companies are going to start pulling this shit, people are going to start reporting major flaws directly to the media instead of the companies affected.
You know how the media is when it comes to blowing things out of proportion.
I guess that will show them, right?
It's their choice. They accept the (free) help graciously and fix their bugs quietly without anyone ever knowing, or deal with a shitload of bad PR.

Re:This sort of thing seems to be typical

[quartz]

The only thing I see as a possible remedy to this is for people to actually start using all those anonymous remailers that are floatin' around

Here's another one: just shut up and mind your own business. Find a security flaw in a competitor's software? Who cares, they're on their own. They're probably going to notice it themselves when crackers break in and wreak havoc. Find one in a business partner's software? Stop doing business with them offering no particular reason. In a public interest service? Stop being interested. And so on, you get the idea. Whadda hell, if they don't want you to be helpful, why would you want to help them? Just let them crash and burn, all of them, and only share information with people you know and trust. A hell of a lot better than going to jail for helping someone. That is, until the Good Samaritan law gets passed and you go to jail anyway, whether you help them or not.

Re:This sort of thing seems to be typical

[mmol_6453]

Whadda hell, if they don't want you to be helpful, why would you want to help them? Just let them crash and burn, all of them

So, if you're aware of someone taking increasingly large doses of drugs, just stand by and let them OD?

The key is the difference between a corporate/public entity and a human entity. I say they're both entities, and therefore deserve something.

Re:This sort of thing seems to be typical

[feydakin]

So, if you're aware of someone taking increasingly large doses of drugs, just stand by and let them OD?

Yup.. Helps clean out the shallow end of the pool..

Re:This sort of thing seems to be typical

[Anonymous Coward]

technically not doing anything could be illegal under the 'craven indefference to human life' rule - i.e. if you're standing on a dock with a lifejacket in hand and a drowning man is within arms reach - if you don't try to help him you've broken the law. Now somehow I doubt this same law applies to computers but in general if you fail to act in the public interest and something bad happens (crackers steal from the bank, etc.) you can be prosecuted either criminally or civily(sp?).

Re:This sort of thing seems to be typical

[ethereal]

If the person taking the drugs tended to react by accusing you of being their dealer and trying to drag you down with them, then I think you'd be justified after reading about a few such cases on /. to decide to only intervene in cases of family or friends that you knew wouldn't attack you out of fear. It's painful to watch people make their own mistakes, but if they won't let you help them, then I don't see what else you can do. Unless it's friends or family, you have to think of your own interests first, and not expect that complete strangers will be grateful that you tried to help them.

Re:This sort of thing seems to be typical

[greenrd]

Some of the greatest mathematicians and geniuses have also been a bit lunatic or unbalanced in one way or another (e.g. Godel, Turing, Erdos). And certainly a person doing something stupid UNDER THE INFLUENCE OF DRUGS doesn't indicate that they're stupid or not worth preserving in some way.

Think before you post. Thank you.

Re:This sort of thing seems to be typical

[Dyolf Knip]

So, if you're aware of someone taking increasingly large doses of drugs, just stand by and let them OD?

Certainly not, but the point is that total apathy and noninvolvement is apparently the only way to keep from getting arrested nowadays. But it's only a matter of time before you get sued because you didn't help when you should have. Nice little catch-22.

felony

[Anonymous Coward]

Doing a good dead

Intercourse with a deceased individual is not only illegal, but immoral, and you should be ashamed.

Re:felony

[Anonymous Coward]

But it's fun.

Donations...

[hexx]

Do Something About This!

Re:Donations...

[szcx]

I suggest that before contributing to this defense fund, you learn a little more about the case. Go here and check out the Oklahoman News piece. There seems to be a few discrepencies between what West says happened, and what server logs are reporting.

Re:Donations...

[Eryq]

The newspaper said its user logs indicated hundreds of attempts to contact the web site Feb. 1.

It doesn't say that all of them came from Brian West, does it? I'll bet a bunch of them were just Code Red....

The affadavit said many of the attempts were efforts to access the files and scripts that cause the web site to operate.

Like what? index.html? Or dir.gif? favicon.ico? Or maybe 4 shift-reloads of a page with 50 gifs?

I have yet to hear any sane theory as to why Brian would intentionally probe a website -- knowing that his accesses would be in the server logs -- only to phone them up and say that they have a security weakness. What would his motive be?

Occam's Razor applies. The simplest explanation is Brian's. Even if he was probing for weaknesses, he still did the right thing when he found them.

Re:Donations...

[szcx]

I have yet to hear any sane theory as to why Brian would intentionally probe a website

Want to play with Occam's Razor? How about this; Brian works for Cwis, he cracked the website then contacted the Poteau Daily News to "rescue" them from the incompetence of his competitor, Cyberlink.

I'm not saying that's what happened, just that you can't be sure that it's not what happened. People need to find out as much as they can from both sides of the fence before contributing to a "defense fund".

Re:Donations...

[zpengo]

How exactly do we know that this paypal account is valid, eh? I could make a killing by taking 5 minutes to set up an account and then posting on Slashdot (because, of course, such noble activism certain warrants enough +1s to bring it to the top of the comments). Brilliant scheme, no?

Naked Woman Seeks Sex at Airport

Re:Donations...

[Compinche]

I think this post should have a HIGHER score than the original posting with the paypal link. This post at least points to something interesting. A 5 score for a link asking for money is too much.

Re:Donations...

[CoreDump]

Also, for those who are adverse to PayPal, there is an Amazon Honor System account setup as well.

http://www.amazon.com/paypage/P3EMCVKJQX404O

I just donated. You should too.

Re:Donations...

[Compinche]

Unless the guy who posted the paypal link hacked an email account at bkw.org or it is no credible enough that the domain belongs to Brian, then you have a point. Same thing with the AOL Honor System.

Re:Donations...

[gorf]

Same thing with the AOL Honor System.

AOL users have honor?

Re:Donations...

[don.g]

Actually while it sounds like a nice explanation it has a flaw you could drive a truck through: how could Cwis's stealing *one hosting customer* from Cyberlink be even *remotely* worth the risk of getting caught cracking PDNS's website?

What the hell?

[jcronen]

And now I'm never going to submit any bug report to any company, no matter how warranted.

The amusing thing is that under many statutes of the law, you're required to report something going wrong. For instance, if a friend tells you that he's going to kill his wife tomorrow, you can be found liable if you don't alert authorities. Now, apparently, you can also get arrested for TELLING authorities about the potential crime.

Unless, that is, the feds can tell us that they WOULDN'T have busted anyone exploiting the security hole that Brian West found.

Re:What the hell?

[MatthewLovelace]

No good deed goes unpunished. Didn't the poor bastard know that?

Re:What the hell?

[ethereal]

This would be more like a friend told you he was going to kill his wife, and so you roughed her up a little first to see if she was safe from him or not :)

Entrapment?

[Robber Baron]

The FBI posed as employees of the Poteau Daily News and asked West about dedicated internet access (T1 or better). They called for the best time to come visit him at Cwis Internet Services, the company where he works. After setting up a meeting, the FBI arrived on Feb. 11, 2000. When the FBI, posing as the 'main office' of the Poteau Daily News, asked about the problem with the pdns.com site, West explained the details regarding the pdns.com (Poteau Daily News) website, including how to fix the server misconfiguration. At this time, he did not know they were FBI agents. As part of the explanation, West clicked edit in IE to show them how the bug worked. As it happened, the site was still wide open, two weeks after he had explained the vulnerability and how to fix it to the editor-in-chief of the paper, Wally Burchett.

I'd be tempted to call this entrapment...except for the fact that he didn't actually commit a crime.

Re:Entrapment?

[Jace of Fuse!]

I'd be tempted to call this entrapment...except for the fact that he didn't actually commit a crime.

And THAT is exactly what is wrong with this case. He commited no crime but they'll create a law and set some evil precident to make sure that what he did is in fact punishable by law.

Wasn't long ago that somewhere over in Europe someone discovered that one of those wired park benches allowed long distance for free, at Microsoft's expense? When those guys reported it, did THEY get arrested? No? Why?

Because Justice is supposed to protect people, not relentlessly punish.

Our system is screwed up pretty good. With laws and courts like these here in the US, who needs foriegn enemies?

Re:Entrapment?

[mmol_6453]

You have to wonder, though. What's the difference between entrapment and undercover police?

Re:Entrapment?

[Anonymous Coward]

The legal definition of "entrapment" is when an official actually verbally asks you to commit a crime. Decoys and baiting don't count as entrapment.

From the sounds of what the FBI was doing, they were just investigating a "crime" that had already happened.

Re:Entrapment?

[iamblades]

Entrapment is when the undercover police ASK a person to commit a crime that they would normally not do, ie. if an undercover cop asked someone to buy some drugs from them. In this case it would be when the agents asked him to show them the flaws in the site.

Re:Entrapment?

[Velox_SwiftFox]

And the telling fact that shows this is true, that the prosecutor is working entirely on bluff and knows himself that he has no case, is that that prosecutor is threatening to accuse him under the "Wire Fraud" statute. Since there is no actual person being decieved by false statements from the accused in this case, the prosecutor is trying to use the "wire fraud is anything we don't like you to have done over communications facilities, even if it isn't actual fraud" theory. Which happily US courts have looked at and effectively told the US Jstice Department "Uh, no. Nice try but the law doesn't say that".

Re:Entrapment?

[Anonymous Coward]

entrapment is when the police get somone to committ crime they would not ordinarily do. They instigate it and push for it.

All they did was pretend to be someone and let him talk about what he had done. He then hung himself. Learn the law before you guys start blabbering

The DMCA strikes again!

[tangent3]

I don't know how, but I'm pretty sure that 'violating the DMCA' will eventually come up as the charge.

Re:The DMCA strikes again!

[Eryq]

Don't laugh. Consider:

Let's say that in the future, company X uses website cookies which contain encrypted information. You're curious, so you capture your HTTP dialog with their website and, after a little fiddling, discover that the cookie is your Social Security Number, base64-encoded. Except that you never gave them your SSN. You call them up:

• How the hell did you get a hold of my SSN?
• What are you talking about?
• Your website cookies are base-64 encoded SSNs!
• They are? I didn't know that. Please hold...

And the next day you're sued under the DMCA for cracking their "data protection scheme" (base64) and sharing information on how to crack it (with their customer service rep).

Yeah, right, that's sounds ridiculous. Could never happen. Not in the USA. We don't do things like that here. All our arrests make sense...

Important lesson

[MeowMeow Jones]

Talk to the techs.

Why would you call an editor-in-chief who has no experience with computers instead of, I don't know, say emailing the webmaster? Contacting someone at the hosting company?

Re:Important lesson

[atheos]

It appears to me that he didn't want to inform the security flaw to the competing ISP.
It looks to me like he simply wanted to sway the customers over to his company, and use the security flaw for the reason.
ya ya ya, I'll get modded down for this, but I do think there is more to the story.
He should have contacted the other company, and the FBI should do better things with their time.

Re:Important lesson

[Skapare]

Way too often, you get hold of someone incompetent. When that happens, more likely they realize they're in over their heads and that their fanny is showing and it needs to be covered up. I've dealt with webmasters and sysadmins before, and usually things don't get taken care of. But in the cases where I was able to get hold of someone in management that gives a damn (even if he isn't a techie) things do usually get taken care of and often quite quickly. So in the current (sad) state of affairs, if you can get hold of someone higher up in management that can at least understand that their is a problem, that is the best way to do it. I do realize that may come down hard on someone at the bottom who may simply have made a typographical error. But in the majority of cases I've encountered, were I the management in charge with what I know about these things, at least one head would roll.

Re:Important lesson

[jimmyphysics]

Nah, just mention it in #h4k3rz or something. Let the problem work itself out.

Re:Important lesson

[Faies]

Why would you call an editor-in-chief who has no experience with computers instead of, I don't know, say emailing the webmaster?

If I were this guy, I would talk to the editor-in-chief rather than the techies working on the webpage in the first place. If no authentication is needed, the webmaster may not have been using a password him/herself. Since it would appear that no effort had been made to secure the page, then I would think the webmaster was slightly on the incompetent side and report it directly to somebody who might oversee the webmaster instead.

Re:Important lesson

[Anonymous Coward]

Perhaps because he had talked to the editor the day before about placing an ad on their website and he felt like they had an existing relationship already (although short).

A Deal with the Devil

[Macaw2000]

While this man's plight is quite disturbing, I find it funny that Slashdot regularily buddies up to the U.S. Government when they are attacking a company they don't like (read: Microsoft) but then they don't like it when the government attacks one of their own.

This is exactly the kind of thing that happens when a government is not kept in check. As a government grows so does their power.

Re:A Deal with the Devil

[Anonymous Coward]

It could be they're just against evil, no matter who perpetrates it. It's not a black & white world. Even a mostly evil organization can will do good things once in a while, if only by accident.

Disclaimer: That last statement is just meant to generalize a principle, not to characterize anyone (either the government or slashdot) as mostly evil. Oops. Too late. Carnivore's already snagged me.

mmmm necrophillia

[scrytch]

... i just love doing a good dead.

Erm...

[mindstrm]

Actually, most countries won't kill you for criticizing them... contrary to what you might be taught in school.

Re:Erm...

[mmol_6453]

If you believe the newscasters, just about anyone who critizises third-world governments is considered a rebel, assistant to rebels, or enemy of the state...

Consider many African, Communist and Islamic states.

Detaining people who don't fit in with the crowd is still one of the more common ways to maintain order.

Generic Slashdot paranoia?

[nougatmachine]

I'm pretty sure that this has nothing to do with the Digital Millenium Copyright Act. In this case, the FBI seemed to be quite devious, not stupid. What does this have to do with Copyright violation? Nothing, since with the security whole it would be easier to deface intellectual property. Maybe you should consider spending some time away from Slashdot for a bit : ) Not every dumb government action is because of the DMCA, after all.

Re:Generic Slashdot paranoia?

[sigwinch]

I'm pretty sure that this has nothing to do with the Digital Millenium Copyright Act. In this case, the FBI seemed to be quite devious, not stupid. What does this have to do with Copyright violation?

He obtained copies of pages, which pages were subject to copyright, and which obtainment was without the authority of the copyright holder, and this was done by means of an device that circumvented access controls.

Looks as good as any other DMCA case to me.

Re:Generic Slashdot paranoia?

[Velox_SwiftFox]

So? It doesn't have anything to do with wire fraud either, and the prosecutor is grasping at that straw as an excuse too.

Re:Generic Slashdot paranoia?

[el_chicano]

He obtained copies of pages, which pages were subject to copyright, and which obtainment was without the authority of the copyright holder, and this was done by means of an device that circumvented access controls.

If Front Page is a device that circumvents access controls, does that mean that the FBI can arrest Bill Gates for distributing it? :->

This is insane.

[Anonymous Coward]

Okay, this is fucking insane. It's insane because I do this all the time with the companies I write web sites for--the number of misconfigured servers out there with problems like the one in the article is huge. And everytime I find a bug in server security, I always and promptly notify the company who manages the server and the owner of the web site of the security problems, as well as how I found them.

If this is how this sort of good deed is rewarded, screw 'em. They can wait until a black hat comes along to exploit the hole, instead of some guy (I wouldn't even call myself a hacker, just a grunt) who accidently stumbles across some ISP's stupidity in motion. And screw it: if the Feds treat every grunt out there like a black hat, what's the point in being a nice guy?

This really ticks me off. Big time.

Not the whole story...

[szcx]

LinuxFreak:

The lack of authentication meant that anyone could edit the Poteau Daily News website by using FrontPage, without ever having to provide a password.

Oklahoman News:

Burchett told authorities that West said he accessed the web site by obtaining user names and passwords.

The newspaper said its user logs indicated hundreds of attempts to contact the web site Feb. 1. The affadavit said many of the attempts were efforts to access the files and scripts that cause the web site to operate.

With that in mind, let's not canonize Brian West just yet.

Re:Not the whole story...

[Anonymous Coward]

I know the guy in question on this situation and he didn't do anything malicious. I was talking with him on IRC at the time he found the problem and since he isn't an NT type he didn't quite undrestand what had happened. You can pull up one webpage and get dozens of listings in a log file with all the pictures, etc ... so the hundreds of attempts makes it sound worse than it really is. He did access directories on the site that operate it (they have a perl script so they can enter articles/changes via a web interface) just to see if it would allow him access to places that should have required additional passwords (not just the front page password) and sure enough it did. Nothing on the website was modified or any files changed or anything malicious. They're also claiming that this news perl script he accessed was worth $5,000 because that's the limit to get a federal prosecution.

Re:Not the whole story...

[whatnotever]

Read the comments below the linuxfreak article. Brian explains it in a bit more detail. He did use a username/password, but he got it from a file served to the public from their site.

And I think that the "hundreds of attempts" mentioned is just their normal daily load (their advertising claims to reach "over 1000" readers daily, and this is over a year later, right?). And if only *some* were trying to access these files and scripts, why even bother mentioning "hundreds of attempts" - that number is irrelevant!

Basically, he did a bit more than click on "edit," but it sounds like he really did just find the hole and check to be sure.

Re:Not the whole story...

[Zero__Kelvin]

LinuxFreak:

The lack of authentication meant that anyone could edit the Poteau Daily News website by using FrontPage, without ever having to provide a password.

Oklahoman News:

Burchett told authorities that West said he accessed the web site by obtaining user names and passwords.

The newspaper said its user logs indicated hundreds of attempts to contact the web site Feb. 1. The affadavit said many of the attempts were efforts to access the files and scripts that cause the web site to operate.


Hmmm. Oklahoma news vs. Linuxfreak on a technical issue ... and Oklahoma News reports what 'Burchette said' instead of what happened. Big surprise. Are you serious? Are you stupid? or perhaps your just not thinking.

Let's canonize him. Seriously. Next you'll be telling me that accessing /etc/passwd constitutes a cracking attempt!

Let's adopt the same philosophy the FBI and the prosecutors have - if we are wrong about this one, they are guilty ten other times that we can't prove. I don't have any problem treating them like they treat others!

Re:Not the whole story...

[incast]

In the affidavit, it says:

"At 19:50 a user logged in to the PDNS webpage edit program from arky.voltage.net using the user identification and password of CRTI employee, James W. McCoy Jr. An [sic] FBI interview of Mr. McCoy determined that he did not access the PDNS webpage edit program on Februray 1, 2000 and did not authorize anyone to use his user identification and password."

I think, by the letter of the law, that that's wire fraud.

Re:Not the whole story...

[Anonymous Coward]

Next you'll be telling me that accessing /etc/passwd constitutes a cracking attempt!

Don't be stupid, use an analogy that makes sense.

"Next, you'll be telling me that accessing /etc/passwd, then taking one of the username/passwords and testing it on the system as a login constitutes a cracking attempt."

Care to re-think your argument?

Let's adopt the same philosophy the FBI and the prosecutors have - if we are wrong about this one, they are guilty ten other times that we can't prove.

Err... paranoia anyone?

Re:Not the whole story...

[Anonymous Coward]

> Are you serious? Are you stupid? or perhaps your just not thinking.

I think you meant to use the word "you're".

Re:Not the whole story...

[Tom7]

I agree. Though there is probably some amount of overreacting on the government's side, trespassing physically or digitally typically is illegal, regardless of intent.

Snooping around the filesystem "just to make sure" that the system is incorrectly configured sure sounds illegal, though not necessarily immoral, to me.

Re:Not the whole story...

[Anonymous Coward]

One of us is quite stupid. I assure you it isn't me. Care to have any idea what you are talking about before you post?

Zero__Kelvin

Trust me. You're not worth the Karma point.

Re:Not the whole story...

[Anonymous Coward]

Yes. You're right. I usually avoid contractions as an easy work-around. Thanks for the heads up!

Zero__Kelvin

Re:Not the whole story...

[Anonymous Coward]

"Zero__Kelvin", wow. When did standardized I.Q. tests start measuring in Kelvin?

Re:Not the whole story...

[Zero__Kelvin]

First off, your use of quotes is quite innappropriate. Like the governement you attempt to put words in my mouth. Secondly, when you can tell from a log what I did with /etc/passwd give me a call. Until then (forever) realize that your comments constitute the ignorant ramblings of a cluless fool!

"Next, you'll be telling me that accessing /etc/passwd, then taking one of the username/passwords and testing it on the system as a login constitutes a cracking attempt." Care to re-think your argument?

I don't get to 're-think' the truth. That priveledge is left to the likes of you.

Re:Not the whole story...

[Anonymous Coward]

Please learn to read properly, you might make it through life a little easier. The quote in quotes is there to show you a proper analogy. Your words are in italics.

Re:Not the whole story...

[Zero__Kelvin]

We must be looking at different posts - or maybe you've never heard of the 'preview' button?

I just double-checked. Your post doesn't map to your claim. Big surprise there. 8^}

Also, when someone begins a sentence with "The quote in quotes" I am tempted to tell them to learn to write properly ... but I digress.

Zero__Kelvin

Re:Not the whole story...

[FooRat]

Come on, THINK man. If this guy was really hacking, why would he CONTACT THE MANAGER OF THE NEWSPAPER AND INFORM HIM, DIRECTLY?!?!? Yeah, real clever "hacker" that. It doesn't make sense whatsoever.

"The newspaper said its logs" .. so what? "The newspaper" (i.e. the management) obviously also only has a really really vague understanding of what the "logs" even are. Do you have any idea how "management" works? We recently got the SirCam virus at our work. Our management were highly upset, and blamed one of my coworkers - why? Because a few weeks prior to that he had sent some jokes to a couple of other people in the office, as an email attachment. My boss was talking about banning the use of attachments totally, i tried to convince him that SirCam doesn't spread by people deliberately sending attachments, and that it couldn't attach to image files etc .. it mostly went straight past his head, he was under the impression that this thing attaches itself to your email attachments as you send them out, and that any attachment was vulnerable .. management is clueless, take what they say with a truckload of salt.

Anyway, my web site's user logs ALSO has hundreds of attempts to contact the web site, including efforts to "acces the files and scripts that cause the web site to operate" .. I mean, hello, this statement is SO vague that it describes ANY web sites comletely benign logs. For all we know these clueless "webmasters" saw stuff like _vti_inf in their logs and thought that that was a hacking attempt or something. (The webmasters can't have been very clued up in the first place to have such security holes).

Still, if you can explain to me WHY someone who had just supposedly *malicously* hacked into someones web site would phone the MANAGER of the company immediately to explain what they themselves had just done, then I might consider your opinions as being more than just those of someone who can't think for himself.

Re:Not the whole story...

[szcx]

Still, if you can explain to me WHY someone who had just supposedly *malicously* hacked into someones web site would phone the MANAGER of the company immediately to explain what they themselves had just done, then I might consider your opinions as being more than just those of someone who can't think for himself.

You'll note that I didn't say Brian West was lying. I simply said there was more to the story. Relying solely on an article that supports one sides story is not sufficient. But hey, I wouldn't want to suggest that your opinions are those of someone who can't think for himself.

But since you've placed me in the "them" corner, let's look at a motive. How about... for money? The oldest motive in the book. Here's a hypothetical;

Brian West works for Cwis, he cracked the website then contacted the Poteau Daily News in order to "rescue" them from the incompetence of his competitor, Cyberlink.

Don't believe everything you read.

Re:Not the whole story...

[AnarchoFreak_00]

But since you've placed me in the "them" corner, let's look at a motive. How about... for money? The oldest motive in the book. Here's a hypothetical;

Brian West works for Cwis, he cracked the website then contacted the Poteau Daily News in order to "rescue" them from the incompetence of his competitor, Cyberlink.

Maybe I'm missing the obvious. But how the hell is that going to get him money? Would anyone really care about their 'rescue'? Are you saying that he thought that running an artical on how they 'rescued' the PDN, would make there web-stie so popular, that they would start to rake in a noicable more cash in profits? Are you on crack?

Re:Not the whole story...

[szcx]

Maybe I'm missing the obvious. But how the hell is that going to get him money?

Yeah, you are.

If someone calls you from an ISP saying your current installation (and provider) is insecure, do you stay with that provider? If you move, where do you go? How about that those nice folks at Cwis, they seem to be on the ball...

Re:Not the whole story...

[pablobob1]

You're assuming that the newspaper did not give a false affadavit. That seems to be the latest fad.

Re:Not the whole story...

[AnarchoFreak_00]

Sorry. But I don't remember seeing anywhere in the artical about when customers of that ISP where being rung-up, or any artical about how they where rescued.

I'm asumming the FBI where still working on a case, for at least 1 of the 16 months, from the time they searched his place, to the time they they called his lawyer.
I would have thought that they'd pick up something big, like ringing customers of the ISP.
The FBI may not know much about computers. But they still know how to invesigate.

Anyway, lets say he did ring everyone up, and gain customers from it. Would it still be fraud, since he probably didn't hack the site (like someone said, he uses FrontPage for gods sake). Or would it just be a not-so-nice way of making the most of you opportunities?

linuxfreaks is down

[Anonymous Coward]

Warning: MySQL Connection Failed: Can't create UNIX socket (55) in /home/gh0ul/public_html/include/connect.inc on line 6
We are having problems with our database, please come back at a later time.

(Higly inflammable post right?)

Wonder if I could be prosecuted

[ruebarb]

Two months ago, my firewall reported a scan from an IP...I was bored, so I checked it out and it looked like a home computer...on a hunch, I tried mapping to the \\www.xxx.yyy.zzz\c share with no password.

It was infected by a trojan that replicates off of unprotected C drive shares in Windows...I was looking at his C drive...and I thought about replacing everything on his desktop except for a note telling him he was infected with a trojan and his HD was open to the world.

Thank God I wised up...He could have had me prosecuted!!!! God I'm so starting to hate the government.

"I've never been to Vegas, but I've gambled all my life" - Ryan Adams

Re:Wonder if I could be prosecuted

[Reality Master 101]

God I wised up...He could have had me prosecuted!!!! God I'm so starting to hate the government.

Damn right. And you would deserve to be prosecuted. I'd have no hesitation on throwing your ass into court.

Bottom line, I don't want you or ANYONE regardless of their intentions modifying my computer. Chances are you would fuck something up while trying to "help me".

Just like you wouldn't walk into someone's house just because they forgot to lock the door, there should be zero tolerance for people breaking into computers for whatever motive. The "hacker ethic" that it's OK to break into people's property for "learning purposes" or "curiosity" must be put to cold, hard death.

Re:Wonder if I could be prosecuted

[Kallahar]

Your logic is flawed. I had a hole on my FTP server several years ago which exposed my entire hard drive to the internet. A kind dorm-mate played a prank on me which opened my eyes to the problem. I would rather have a white-hat let me know about the problem so I can fix it than to never know and leave it open for a potential black-hat.

It's always better to know what's going on.

Travis

Re:Wonder if I could be prosecuted

[Reality Master 101]

A kind dorm-mate played a prank on me which opened my eyes to the problem.

Maybe when you leave your dorm room open, I'll just go in and hide all your stuff so you're aware of the "security hole".

Personally, I would rather just have a friendly e-mail notifying me of the problem than someone going in and playing a "prank" (while probably screwing something up in the process). But hey, that's just me. Maybe you like strangers walking through your home and opening drawers and reading your mail.

Re:Wonder if I could be prosecuted

[dvicci]

I would tend to think you *should* be prosecuted if you modified his computer. Accessing to find out who it was with the intention of alerting them of the problem, and changing their configuration (regardless of how well intentioned you are) are two (relatively) different things. IMHO (and I'm certainly not a lawyer), looking around to find something that gives you contact info is still somewhat questionable if you don't change anything, even as it may be necessary to help fix the problem - but once you change something, you've crossed the line completely.

Don't always think you know better than they do... just happening across an open system tells you only that it's open, it tells you nothing of the limitless circumstances or events leading up to it being open.

(if this is posted twice... my apologies... guess they're still working out the bugs)

Re:Wonder if I could be prosecuted

[dvicci]

I would tend to think you *should* be prosecuted if you modified his computer. Accessing to find out who it was with the intention of alerting them of the problem, and changing their configuration (regardless of how well intentioned you are) are two (relatively) different things. IMHO (and I'm certainly not a lawyer), looking around to find something that gives you contact info is still somewhat questionable if you don't change anything, even as it may be necessary to help fix the problem - but once you change something, you've crossed the line completely.

Don't always think you know better than they do... just happening across an open system tells you only that it's open, it tells you nothing of the limitless circumstances or events leading up to it being open.

(if this is posted twice or is blank... my apologies... guess they're still working out the bugs)

Re:Wonder if I could be prosecuted

[Syberghost]

Two months ago, my caller ID reported a call from a number. I was bored, so I checked it out and it looked like a home number. On a hunch, I looked him up in the cross-reference directory and went to his house.

He'd left his door unlocked, and I was looking at his living room. I thought about leaving a note on his TV telling him he left his door unlocked and his house was open to the world.

Thank God I wised up...He could have had me prosecuted!!!! God I'm so starting to hate the government.

Re:Wonder if I could be prosecuted

[Anonymous Coward]

"Damn right. And you would deserve to be prosecuted."

No. But you are a majorly ignorant fuck. Please kill yourself, loser!

Re:Wonder if I could be prosecuted

[Reality Master 101]

But you are a majorly ignorant fuck.

Just out of curiosity, exactly what am I ignorant of?

Re:Wonder if I could be prosecuted

[IronChef]

Bottom line, I don't want you or ANYONE regardless of their intentions modifying my computer.

And if your computer is like a runaway train, screwing things up for everyone else? And if you are a clueless Win2k PC owner who has been 0wned for weeks and still hasn't read about Code Red or applied patches? And your PC is attacking everyone else around you, repeatedly? I such a situation, I think you should lose just a bit of protection.

An infected computer is sort of a "public health" issue. It's like having the house next door on fire... I think you should be able to throw water on it. Or at *least* go tell the owner what's up.

But I can't do even that. I can't email the chump at 65.3.142.xx because he doesn't have a domain name. And the ISP isn't doing anything, so how can we help this person to clean up their mess?

The "hacker ethic" that it's OK to break into people's property for "learning purposes" or "curiosity" must be put to cold, hard death.

Agreed. But...

It would be nice to have a law passed that explicitly made it okey-dokey for people to merely inform a Trojaned luser of their situation, so long as no harm was done.

Unfortunately, we will have to wait until today's Nintendo generation is in office before such laws have any chance of being introduced. If my mom is only now coming to grasp PPP connections, how can I expect people of similar age and experience in the legislature to understand things like the Code Red virus? All they know is "computers scary."

Re:Wonder if I could be prosecuted

[davie]

Damn right. And you would deserve to be prosecuted. I'd have no hesitation on throwing your ass into court.

Bottom line, I don't want you or ANYONE regardless of their intentions modifying my computer. Chances are you would fuck something up while trying to "help me".

Just like you wouldn't walk into someone's house just because they forgot to lock the door, there should be zero tolerance for people breaking into computers for whatever motive.

Excuse me, but I don't recall having observed my neighbor's house walking over to my house and checking to see if the front door was locked, or tampering with the locks so that other intruders can get in, then causing my house to behave in the same way.

I think I can safely say that if I saw your house walk over to my house and start jiggling the locks, your house would be toast.

Re:Wonder if I could be prosecuted

[Anonymous Coward]

Pity there wasnt a direct connection between his door being unlocked and him calling you or this might be a post deserving a score of 4.

Of course a good analogy was impossible, so you settled for a bad one assuming most people were too stupid to see through it... given that this is slashdot of course you were right, congratulations for confusing the issue like you intended.

Re:Wonder if I could be prosecuted

[NoMoreNicksLeft]

My girlfriend gets after me, in a similar situation. You see, as an idiot myself, I've more than once left the headlights on, only to return and find my car battery dead. Strangely, this only seems to happen when it rains. Anyway, if I see someone else's headlights on in a parking lot, and the car door is unlocked, I'm inclined to go shut them off. What, 5 calories worth of effort, and 10 seconds of my time?

Anyway, you sound like you'd rather be caught in the rain with a dead car battery. I'll keep that in mind next time.

Re:Wonder if I could be prosecuted

[dmccarty]

There is a God! At least someone else (just not moderators) can see through bad logic, too.

Re:Wonder if I could be prosecuted

[Reality Master 101]

An infected computer is sort of a "public health" issue. It's like having the house next door on fire... I think you should be able to throw water on it.

I agree with this philosophy. But just like you can't take a gun and implement "vigilante justice", people shouldn't be taking measures into their own hands. We need ISPs to take these things more seriously. If your system is attacked, it should just notification to the ISP that something is taking place and they investigate. If the remove computer is infected, then the connection should be pulled until it's fixed. If it looks like some rogue hacker breaking into systems, then the authorities should be called.

But the point is that I don't want someone entering my computer, even with good intentions, because it's extremely possible to mess something up.

Re:Wonder if I could be prosecuted

[Reality Master 101]

Anyway, if I see someone else's headlights on in a parking lot, and the car door is unlocked, I'm inclined to go shut them off.

There is no equivalent to a light switch on a computer. The original poster was talking about removing files off of someone's desktop and leaving a file! Let's say your car was as complex as your computer. Would you really want some l33t haxhor going in pressing buttons until the light went off? They would probably blow up your car rather than just turn off the light.

Re:Wonder if I could be prosecuted

[Anonymous Coward]

Hey, thanks for pointing out what kind of dickhead you are! Now if I ever find an IP address in my logs that points back to a system owned by one "Reality Master 101", I will simply format their hard drive rather than nicely inform said individual that his incompetence is costing others bandwith.

Re:Wonder if I could be prosecuted

[quietlysubversive]

um, i think he was being ironic, moron

Re:Wonder if I could be prosecuted

[rnt]

It would be nice to have a law passed that explicitly made it okey-dokey for people to merely inform a Trojaned luser of their situation, so long as no harm was done.

I don't think that law is needed. I don't see any reason why people informing trojaned lusers cannot do that safely. I have got countless Code Red probes in my Apache logs and have seriously thought about trying to warn those people (it's just there are too many of those).
There's no way that could be illegal.

I won't be trying to "verify" if the root.exe exploit is available on those machines, since that could give me some serious trouble of someone were to pursue a claim against me.
No matter what my intentions are, that would be gaining unlawful access to someone else's machine.

The problem with your statement "(...) so long as no harm was done" is hard to objectively maintain.

Suppose a server I am sysadmin of has a security hole. You're trying to help me and being a white hat hacker you enter my machine and take a good look around and after doing so you create a nice summary of problems and even the necessary fixes.

At first sight, that really is commendable.

However, since I don't know you or your intentions can I safely assume you ment no harm and did no evil things to my machine? Should I take your word for it? For all I know you're just helping me to patch up my machine so no other evil hackers get in and you are the only one that is able to get into my now mostly-secure-but-now-backdoored-machine.

The consequence of you trying to help me is that I would have to retrace all your actions on my machine, which might not have been necessary if you didn't try to "help" me by gaining access to my machine without getting asking me in advance.
Surely I'd have to do a full security audit anyway, but now there is more information in the logs to be checked out.

No matter what your intentions are and how stupidly I misconfigured my machine, your attempt to help me just cost me a whole lot of extra time and downtime.

Informing people is fine and totally legal. Gaining access to their machines without their consent is illegal and rightfully so, as far as I'm converned.

The law I would like to see is one that holds people accountable for problems caused by those people not securing their machines (Code Red anyone... think of all the bandwidth wasted by that little prank). Better still, don't make it a law, ISPs could take it up in their conditions they are allowed to pull the plug when such problems aren't fixed within a certain period!

Re:Wonder if I could be prosecuted

[Anonymous Coward]

The difference is the original poster was going to take out all the guy's furniture, his TV, and just leave a note telling the guy his front door was unlocked.

Entry is illegal - leaving a note on the outside on the door is not.

Re:Wonder if I could be prosecuted

[IronChef]

I don't think that law is needed. I don't see any reason why people informing trojaned lusers cannot do that safely.

Of course it isn't safe to communicate -- if the only route open to you is to exploit the compromised system. That is the situation many Code Red haters are in. I believe it should be permissable to get a message to the victim, even if it involves using an exploit, especially when their unsecured box is causing you grief.

The problem with your statement "(...) so long as no harm was done" is hard to objectively maintain.

Well, of course it is. If a law was passed it would have to take an extremely narrow definition. See below.

Informing people is fine and totally legal.

Sometimes. I was thinking specifically of Code Red. There are compromised boxen on my cable modem subnet. They attack me daily. There is NO WAY for me to inform those people WITHOUT exploiting the trojan they already have. You can use the Code Red root exploit to pop up a message saying "Fix your system, idiot" but it would be illegal to do so, since you are compromising their system.

That's the kind of communication I would like to see protected by some kind of law.

As it is, we have a 110% crazy system. People with compromised computers are all over the place... the ISPs can't or won't contact them directly, and we by law can't contact them either as individuals, because the required communication method makes use of a security hole. Only if the compromised computer has a domain name can you try to email the admin.

(I called ATT @Home and said, "I have a big list of Code Red infected computers in my area. Where shall I send it? After many minutes on hold the tech guy said I could try to send to to abuse@home.com, but it was *clear* they had no standing policy about this. I got a form email back from abuse@home.com saying thanks for the Code Red related email, steps are being taken. That makes me feel real good... The attacks are not slowing fast enough.)

Re:Wonder if I could be prosecuted

[ewhac]

Nice try, but bad analogy. This is more accurate:

Two months ago, I got some junk postal mail that was an illegal Multi-Level Marketing scam. I was bored, so I drove to the return address listed on the envelope. It was an apartment complex. I went inside the lobby to look around, and it was clear there was a boiler room operation set up in a couple of the apartments, churning out these MLM scams.

It was clear the complex owner didn't know this was happening on their property. I thought of leaving a note on the manager's door, telling him/her of the problem.

Thank $(GOD) I wised up. S/he could have had me prosecuted for criminal trespassing!

Schwab

Re:Wonder if I could be prosecuted

[entrigant]

Just because a door is unlocked, doesn't mean you need to go in. I would have been pissed if you entered my house solely because my door was unlocked.

Re:Wonder if I could be prosecuted

[Syberghost]

Two months ago, I got some junk postal mail that was an illegal Multi-Level Marketing scam.

Wow; the original poster says he saw an IP address in his web logs, and from that you can state with authority that it came from an attempt to scam him?

Holy shit, I better forward my web logs off to the FBI; I've unknowingly been the target of hundreds of scam attempts!

Re:Wonder if I could be prosecuted

[node15]

About a year ago I noticed a strange connection to one of my machines (telnet/SSH.) @ first it
appeared to origininate from within my ISP's subnet. Upon further figuring and head scratching
I realized it wasn't, it actually was from a dial-up in Bulgaria of all places (WTF moment here). You know the deal, close the port, refuse connections, grep for unwanted spooge. Then I got
angry, I connected to the machine that had tried to connect to me. Slammed the port, calmed down and read my connection logs. I realized what was occurring and decided to contact my ISP - think third planet and stink. Trying to apprise the tech was like trying to describe the Casimir effect to our current president. Anyway, the call got bumped to a "higher level" of support.
Useless, so I asked for the engineering dept. e-mail address. I was really tweaked about this.
Sent an e-mail detailing exactly what had occurred and my actions to counter them. Along with my info on how I thought they might study the obvious breech. The activity wasn't a zombie it was a manned execution of (method here). One week later, my account is shut down, no explanation. I call up and I am told some ridiculus code word meaning "hacker activity",
gibberish. I think well as soon as I speak to someone in authority with a clue, everything will be cleared up and they will thank me for the info. Wrong, they refused to reinstate my account, they denied the huge security hole in their networks and they stated that my web documents where now owned by them. (another WTF moment here). Called the liar *ahem* lawyer, he said to many beans would be shed for obtaining my objective. Proving they where wrong and I was right. It wasn't worth the expenditure. Damn,
I'm still pissed over this. I dropped it though. he was right. What can we learn from this, "no good deed goes unpunished". Yes stated many times recently. But if the facts as portrayed are true about this tech who the FBI did wrong, I'm sending my cash to him. That is my point, how many rights (in America) are we going to continue to give up due to apathy and fear. Instead of talking to the guy and investigating. They arrest and threaten. Would it not have been better for them to gather intelligence on the way the breech occurred and then submit a security advisory if warranted? They work for us or do they? Should I have been prosecuted?

-tek tweaked and sigless...

Slashdot effect...

[Robber Baron]

Give 'em a whiff of the grape! (or at least the "slashdot effect"!)

I once did something like this...But won't again!

[tjgrant]

Shortly after we got our first T1 connection a few years back, we saw a bunch of strange computers show up in our network neighbourhood, This puzzled me, so I clicked on one of the computers and found out that it had a bunch of shares available. Sure enough, the shares were wide open. I didn't quite no how to respond, so I waited a day to see if the problem went away. It didn't.

I figured that if I could see the shares other people could to, so I opened a share and started looking for a document name that might give me a clue as to who was unwittingly making all this stuff available. I found a document called "Letterhead" or something like that, opened it up, and found a company name and number. I then called the company and told them what I had found.

They too had just gotten a connection, and the consultant that was in charge of configuring the firewall had not done things very effectively. The lady I spoke with was profusely thankful, and the problem was remedied in short order.

However, after reading this article, I'd probably just add some rules to my own firewall to stop their packets and leave it alone.

What to do?

[yogensha]

So say I've found a security hole in a web site that I happen to pay to get access to... I look around a bit and find my credit card and contact information. What to I do then? Do I report the issue and get prosecuted, or do I not report the issue and leave my personal information open for anybody to see?

This is a crappy situation.

Re:What to do?

[SCHecklerX]

Sue them for giving your private credit information to everybody in the world.

Or better yet, contact the FBI and let them take care of it, even if a phone call to a competent admin could have fixed the problem.

Re:What to do?

[greenrd]

Even then, you're still admitting that you "browsed around" things you "shouldn't have been looking at" (thinking with the knuckledraggers mindset here). By the "logic" of this case, they could still try to have you prosecuted in retaliation.

Re:What to do?

[Anonymous Coward]

I would sue them liable for not keeping my info private and may be starting a class action suit.

America is so lack of tech workers that anything remotely technical in nature now has lawyers working on it.

When the system fails to deliver justice

[dfranks]

Given the apparent level of technical expertise of these idiots, and their repugnant behaviour, I suspect that they may soon become the "victim" of community (vigilante) justice.

Re:When the system fails to deliver justice

[Nick Number]

Given the apparent level of technical expertise of these idiots, and their repugnant behaviour, I suspect that they may soon become the "victim" of community (vigilante) justice.

Any sort of reprisal against this site will only serve to justify further crackdowns. For all we know the feds are logging each slashdotter's visit to www.pdns.com as part of a DDoS attack.

If this story is accurate, the best thing to do is to publicize the details of it as widely as possible.

If it's accurate. Personally I'm waiting for more information before I start marching in protest.

And the moral of this story is...

[WIAKywbfatw]

...never be a good samaritan, because no one will appreciate your efforts.

Imagine this conversation in your street:

Guy 1: "Hey neighbour, you've left your front door wide open and I think the local hoods are eyeing over your TV and VCR system."

Guy 2: "What? You say you saw my front door open? How did that happen? I couldn't have left it open, not me. You opened it, right? I'm calling the cops buddy."

Only in America.

Re:And the moral of this story is...

[Anonymous Coward]

Guy 1: "Hey neighbour, you've left your front door wide open and I think the local hoods are eyeing over your TV and VCR system."

What the hell is wrong with you people? Do you just read the /. comments and form an opinion? Here's the conversation according to the article:

"Hey neighbor, you've left your front door wide open and I think the local hoods are eyeing over your TV and VCR system. I know this because I walked in and eyed them myself - Just to make sure that the door really was open, of course."

Re:Let him rot in jail!

[Niksie3]

I'm going to explain this very, very, very simply. Say if whitehat A where to find a security hole in your companies computer, and would notice you. And you where to fix it. you thank him and (possibly) send him a small check.

Now... it appears that you would rather have the white hat see that your computer is vulnerable, not notice you because he doesn't want to go to jail. And start programming something else. Then, a few weeks later a script kiddie comes by, sees a vulnerable machine, grab all the passwords. and deface every computer on your network he could find.

Take your pick!!!!!

Does this really suprise anyone?

[Bob McCown]

Outrage? Yes. Stupid? Yes. But considering the enviroment where any script kiddie can launch something like Code Red, is this really a suprise that someone overreacts and calls in the FBI?

Not that I think its right (I dont), but its not real suprising.

when applied to rape

[Anonymous Coward]

so if I see a girl being raped in the alley way, I should walk on, not tell anybody, ever.
don't tell anybody. no please. We're really perfect people. If you tell someone, I will kill you.

will someone please kill me?

From the FBI viewpoint.

[arkham6]

With all the news lately about high profile 'cybercrime', and the foundation of 9 new divisions to help combat it, the FBI is under a lot of pressure to provide results and visibility. In essence, they have to make a lot of arrests, valid or not, to warrent the increased budget they have been given. No arrests, no money. The agents on this case probably realize that he had good intent, but they needed to arrest him anyways, just to get their stats up. They also know that he most likely will get off, but well, thats not THEIR problem. They just arrested him, DA's are supposed to get convictions.

And if it costs this poor bastard thousands of dollars? Sorry bub, but they gotta keep their budget.

Is this right? You tell me.

Re:From the FBI viewpoint.

[arkham6]

Wtf? Rob, there is a bug, my whole comment has disappeared. *sigh* Guess I will have to repost.

With all the news lately about high profile 'cybercrime', and the foundation of 9 new divisions to help combat it, the FBI is under a lot of pressure to provide a lot of results and visibility. In essence, they have to make a lot of arrests, valid or not, to warrent the increased budget they have been given. No arrests, no money. The agents on this case probably realize that he had good intent, but they needed to arrest him anyways, just to get their stats up. They also know that he most likely will get off, but well, thats not THEIR problem. They just arrested him, DA's are supposed to get convictions.

And if it costs this poor bastard thousands of dollars? Sorry bub, but they gotta keep their budget.

Is this right? You tell me.

tragic, but not surprising.

[Anonymous Admin]

FBI goons play friendly while gathering evidence.
Only those things that can be used against you are considered.
Where is there news here?

I have made it a point to NEVER, under any circumstances, connect to any service beyond web pages linked by their own site, without written permission of the owner, on their corporate letterhead.

Exposing security problems is considered to be a nasty evil thing. Dont do it. Let them be hacked. Do not do it yourself. If you accidently find a hole, dont access it, Dont tell others of its existance, just go on about your own business.

You, a computer knowledgable person, represent a good tasty meal for the FBI's new computer crime group. They must somehow prove their worth to congress. You provide them with opportunity by providing a community service. Dont provide it.

Re:tragic, but not surprising.

[mikethegeek]

"You, a computer knowledgable person, represent a good tasty meal for the FBI's new computer crime group. They must somehow prove their worth to congress. You provide them with opportunity by providing a community service. Dont provide it."

Yep, that's exactly what you are doing by helping them out. If we, as a profession, quit making victims of ourselves, the problem will take care of it'self. For one thing, the government is as likely as incompetent with computer security as it is with almost everything else it does (such as deliver mail). What it's VERY efficient at, unfortunately, is using force, and at manufacturing crime for profit (drug war).

Remember, FBI and other law enforcement types are trained and propogandized to believe the WORST about us. Don't play into their hands. I know I'm sounding off the deep end on this, but with our government UNANIMOUSLY rubber stamping laws like the DMCA, why should anyone be surprised at ALL that they will do such things even to those of us who try to, GOD FORBID, do someone a favor?

The only mistake this guy made was in not demanding $thousands up front as a "CONsultant" from the site in question.

Re:tragic, but not surprising.

[mmol_6453]

While I know they're not directly related, the guy's Miranda rights seem relevant, to me.

But then there's the whole issue of undercover cops.

Sad, very sad

[mikethegeek]

It's sad indeed that in 2001 America, we've seen truth in the old adage "no good deed goes unpunished".

I suppose in today's legal climate, the only way to treat your neighbor is callousness, at least, and stay out of jail. Help your neighbor, get 1-5 years.

My suggestion to all those who are admins/coders/hackers/engineers, keep it to yourselves. I suppose we'll secure our systems, and let the government and the rest fall prey to script kiddies and our silence until they learn the Darwinian lesson of the consequences of their stupid 21st Century "digital age" laws.

Insane

[Anonymous Coward]

This is pure insanity. Stories like this really lead me wondering if the government REALLY remembers who they are working for.

Let's extand the law to cars

[Anonymous Coward]

In this case, the law should also cover cars. It should be illigal to report any problems with any car. All the people complaining about Ford/Firestone should be put to jail.

May be then the Feds will realize idiotic the law is.

Re:Let him rot in jail!

[Ig0r]

Stop messing with slashdot's servers, you hooligan!

No good deed goes unpunished

[YIAAL]

This shows the lack of judgment that has become endemic in federal law enforcement. The Cato Institute has been arguing for quite a while that the massive increases in federal law enforcement budgets over the past fifteeen years, with no matching increase in crime, would encourage the feds to prosecute things that they previously would have had the sense to ignore, just to make work. Seems to be happening.

Re:No good deed goes unpunished

[mmol_6453]

It's not likely, but it IS possible that the lack of increase in crime is a result of the increase in budget.

Re:No good deed goes unpunished

[Dolly_Llama]

except when you turn on the common sense filter and realize that even the relatively flat crime numbers are hugely inflated by the War On Drugs(tm) sending huge numbers of nonviolent drug offenders to prison for long terms.

Re:No good deed goes unpunished

[isaac_akira]

Except that it is law enforement's job to investigate crimes, not prevent them.

If I tell the cops that I know Joe is going to steal my car tonight at 11pm, they aren't going to try to stop him. But if he does steal my car, they will arrest him. Sure, they might wait and watch as tries to break in, and then nab him before he gets away, but they won't say "hey, don't steal that car" before he does anything.

Wire Fraud

[rosewood]

"yet the prosecutor claims that if he doesn't get convicted under Title 18 Section 1030 of the USC, then the prosecutor would try for wire fraud."

What? Huh? First off he the prosecutor goes for Title 18 Sect 1030 and doesn't get a conviction, he can't just go after him again for wire fraud instead. Double Jeapordy.

Also, I guess it doesn't say, but what about the cheif who recorded the convo over the phone. How legal is that in Oklahoma? Anyone? I know in some states its 100% illegal and in others there are loops to jump through.

Re:Wire Fraud

[J'raxis]

This is probably similar to how you can sue someone if they dont get convicted in criminal court for the exact same act 18 USC 1030 is federal, wire fraud might be a state crime. Yet another end-run around the Constitution.

Re:Wire Fraud

[mikethegeek]

"What? Huh? First off he the prosecutor goes for Title 18 Sect 1030 and doesn't get a conviction, he can't just go after him again for wire fraud instead. Double Jeapordy."

Morally, yes, legally, no, because it'd be a different charge.

Remember, the "justice" system is about nothing of the sort. It's about the SYSTEM. Justice is, at best, an INTENDED side effect. Which can be done away with when you have corrupt judges, law enforcement, and prosecutors. And there plainly are some or all of the above in this instance, even though it may not be DELIBERATE, but instead incompetence.

However, of those with the power to use force to take away freedom, and the power to imprison, I believe incompetence=corruption. There IS no excuse, be it deliberate, or a case of ignorance, for the abuse of government force against the individual. Just as ignorance of the law is no defence for the citizen, cluelessness shouldn't be for the government.

Re:Wire Fraud

[mmol_6453]

Here's the law entry for what he's charged with, and Here's the reference for the Oklahoma wire fraud law.

Re:Wire Fraud

[rosewood]

Going after federal and state charges can still be quite tricky. If they do, it will be done with different prosecuters.

As for sueing someone if they dont get convicted, that is completely different. That is going for civil liability vs. criminal liability. They are obviously not mutually exclusive (see oj simpson)

where's the rest of the story

[linuxpng]

The story went into no details on what he did besides click 'edit' to compromise the site? It didn't actually state what he was formally charged with other than mentioning 'wire fraud' which could have a wide varying set of meanings. As part of being in this community I think it's up to us to dig and find more information before making rash decisions. After all, aren't we criticizing the FBI for their, apparent, rash decisions?

Re:where's the rest of the story

[jonatha]

There are lots of links from the site to the official documents, including the affadavit that will be presented to the grand jury.

Item 19 is of the most interest, I believe.

That was quick!

[NewtonsLaw]

Uh-oh, -- the site is Slashdotted already!:

Warning: MySQL Connection Failed: Can't create UNIX socket (55) in home/gh0ul/public_html/include/connect.inc on line
6
We are having problems with our database, please come back at a later time.

Re:That was quick!

[J'raxis]

Its intermittent; hit reload a couple times. Youll get the page eventually.

Re:That was quick!

[Anonymous Coward]

Oh? The database is not functioning? (reaching for the red phone) How did this happen? (dialing FBI) Slashdot effect?...

Later on CNN:

Slashdot Virus Spreading Quickly, Unplug Your Computers

Oh no! This anonymous comment makes light of this situation with witty sarcasm... that's a violation of the copyright holder's rights...

"Oh DMCA, take me away!"

part of the problem is incompetent sysadmin

[Skapare]

My first encounter with an incompetent sysadmin came many years ago when I was compiling an index of files located on public FTP servers. This was even before the Archie indexing system was set up. I gathered lists of servers from Usenet and ran an indexer on them. The indexes were made available by FTP. The indexes were re-run about weekly. There were about 4 FTP sites at JPL in the list. I received a threatening letter from a sysadmin at JPL "informing" me that I was accessing a "secure government computer without authorization". Secure my ass! It was wide open, had files of clearly public interest, had no files I could tell from their names (since I didn't actually download any) would be anything confidential or secret, and was advertised as a public server on Usenet. After a few exchanges of email with this sysadmin, it became apparent that he was not only totally incompetent and utterly inept, he wouldn't even lift a finger to even try to fix his security problem. Were it not for the fact that its often very hard to get rid of the incompetent in government, I would have tried to get this guy fired. Of course today it would only get me arrested. I did remove that server from the list. If only there had been a slashdot in those days, but there wasn't even a web.

The law is today basically covering up for administrator incompetence. An administrator mistake that leaves a site insecure is one thing. But trying to cover up the mistake, or otherwise avoid doing the job ... is what is the indicator of the incompetence. We know about the bug in IIS that spawned life to a red worm. Microsoft even fixed it well before the worm started. The two Microsoft admin types I know had their servers all patched up and secure before the worm ever hit. But clearly there are hundreds of thousands of servers run by the incompetent.

Re:part of the problem is incompetent sysadmin

[multicsfan]

A place I worked has had MS patches break their NT servers so often they only do patches when absolutly necessary. It's not that they dno't want to keep things secure, but having the corporate NT servers broken for a week by a MS patch causes alot of problems as well.

Re:part of the problem is incompetent sysadmin

[Anonymous Coward]

> clearly there are hundreds of thousands of servers run by the incompetent

well, most NT servers _are_ run by MCSEs.

Re:part of the problem is incompetent sysadmin

[radon]

Depending on the state/country/county/city your're in you could sue him for sending you unsolicited email, zero tolarance for spam and all. Hell, if your local laws are facist enough
you could even get the DA to file criminal charges. This reminds me of a Married with children episode where bundy whacks a burglar for breaking into his house and the burglar sues him. Then bundy counter sues the burglar for hurting his fist.

Re:part of the problem is incompetent sysadmin

[Skapare]

Just install the secure patches, or find out what the patch is to protect against and find another way to do that. Did you block Code Red?

Re:part of the problem is incompetent sysadmin

[Skapare]

So if someone breaks into my computer system and downloads what turns out to be a virus, and infects his own machine as a result, losing thousands of dollars of business due to lost or exposed documents, etc, he could sue me?

Re:part of the problem is incompetent sysadmin

[multicsfan]

None of our NT systems were vulnerable as best I could tell checking for things that make your system vulnerable. On the other hand, those nt systems running IIS are running IIS2 or 3 as the newer ones break all the custom software the company has invested in.

Re:part of the problem is incompetent sysadmin

[mpe]

The law is today basically covering up for administrator incompetence.

Welcome to 21st century USA where the aim of the law is to protect "corporate citizens".

Re:part of the problem is incompetent sysadmin

[Skapare]

You got that right!

Something similiar happened to me

[Kiwi]

A lot of people who are ignorant of computers have this belief that anyone who knows what they are doing can hack any computer easily. They do not believe that any form of computer security can exist.

The FBI, in particular, is very ignorant about computers and securty. Read this Month's crypto-gram (one link from the page I lined to) for a story on how sensitive FBI documents were passed on to the internet at large via SirCam.

About a year ago, there was an (mumble mumble) on-line community that I was a part of. They had a number of mailing lists. Discovering that they had a Majordomo-style interface, I proceeded to send the list-request address a LIST request.

Instead of just listing the mailing lists that exists, the program gave me a list of all mailing lists, and all people subscribed to the lists.

Later on, someone on one of the lists wondered out loud how many people were on a mailing list. I told them.

At this point, the people freked out. They though I had broken in to their system or some such. I explained how I got the information, and then said that I was going to leave. I knew that this was something that could get me in to trouble.

Thankfully, the moderator of the mailing list was a member of out family's church. I wonder what could have happened if we were not on friendly terms with these people.

Finally, I wonder why the FBI persues crap like this, and not stuff like legitimate problems where the FBI could really help (scrool down to the section where he describes his dealing with the FBI).

- Sam

Re:Something similiar happened to me

[mmol_6453]

(Sorry about the blank comment. The new Slashdot code is still really buggy)

Showed up fine for me. (Just helping)

Re:Something similiar happened to me

[Kiwi]

The bug is that, when a comment is newly submitted, it appears blank for a minute or two, and will intermittently go from being blank to unblank.

- Sam

Re:Something similiar happened to me

[Anonymous Coward]

"Finally, I wonder why the FBI persues crap like this, and not stuff like legitimate problems where the FBI could really help [grc.com]"

Hmm... arresting Gibson could be a good idea :)

AC @369

how the cops work

[epine]

The way these things work is that the usedid he picked at random was probably the userid of a secret mistress of one of the top FBI agents.

I was once a witness to a purse snatching where the victim happened to be the wife of the first cop who showed up. In the middle of something like that you sometimes doubt whether your mind is functioning normally. The cop car rolls up, the cop jumps out and immediately proceeds to give the victim a three minute hug. Hey, these guys are more compassionate than I thought.

The activity that followed couldn't have been outdone if the War Measures Act had just been invoked. The guy who snatched the purse is probably doing concurrent life sentences by now.

Something similiar happened to me

[Kiwi]

(Sorry about the blank comment. The new Slashdot code is still really buggy)

A lot of people who are ignorant of computers have this belief that anyone who knows what they are doing can hack any computer easily. They do not believe that any form of computer security can exist.

The FBI, in particular, is very ignorant about computers and securty. Read this Month's crypto-gram (one link from the page I lined to) for a story on how sensitive FBI documents were passed on to the internet at large via SirCam.

About a year ago, there was an (mumble mumble) on-line community that I was a part of. They had a number of mailing lists. Discovering that they had a Majordomo-style interface, I proceeded to send the list-request address a LIST request.

Instead of just listing the mailing lists that exists, the program gave me a list of all mailing lists, and all people subscribed to the lists.

Later on, someone on one of the lists wondered out loud how many people were on a mailing list. I told them.

At this point, the people freked out. They though I had broken in to their system or some such. I explained how I got the information, and then said that I was going to leave. I knew that this was something that could get me in to trouble.

Thankfully, the moderator of the mailing list was a member of out family's church. I wonder what could have happened if we were not on friendly terms with these people.

Finally, I wonder why the FBI persues crap like this, and not stuff like legitimate problems where the FBI could really help (scrool down to the section where he describes his dealing with the FBI).

- Sam

Slashdot [side]effect...

[mmol_6453]

Y'know the worst thing that might happen?

They get cracked by some l33t /. reader and use that as evidence in the FBI case..

Re:Slashdot [side]effect...

[cooley]

Actually, the sweet part of the slashdot effect is that their site has apparently gone down, probably simply from handling too many requests.

Is this the whole story ?

[Anonymous Coward]

This version may be the truth, but this sounds like a pro-West report.

Is what's mentioned everything that West did ?

Gyan

Re:Is this the whole story ?

[Anonymous Coward]

well, I read the affidavit, and it does CLEARLY state that West on a number of occasions (both w/ the bank and w/ CRTI) contacted persons at the orginizations and informed them of the lack of security on their sites, and what/how he was able to access the info. This seems to me like good faith, or at least not indicative of malicious/fraudulent intent.

They're out of control

[Grishnakh]

Our government is clearly out of control with regard to incidents like this. This case sounds like it deserves nationwide protests just as much as the Sklyarov case.

Re:They're out of control

[Anonymous Coward]

Oh, there is nothing new about "out of control".

Ruby Ridge.

Frontpage == circumvention device !

[FullClip]

Use the DMCA, kill Frontpage :-)

Everybody sing D - M - C - A (+ handwaiving)

Well, what did YOU do ?

[aibrahim]

I emailed the DOJ, President, VP, My US Senators and Oklahoma Senators about this case asking them to look into it. Here is the message I sent:

I read about a case regarding Brian K. West in Southeast Oklahoma at:

http://www.linuxfreak.org/post.php/08/17/2001/134. html

If the information contained therein is correct, then there is already a SERIOUS miscarriage of justice going on.

Is it the policy of the United States , the Bush Administration and the Department of Justice to prosecute well intentioned citizens for attempting to help a stranger in an entirely benign manner ?

Would the DOJ prefer that the editor never have been notified about the security issue accessible through routine use of Microsoft software ?

What about the implication for other "good samaritan" acts ? Does the DOJ intend to set a precedent allowing any confused person to prosecute and/or sue anyone who helps them ?

I call on the DOJ to investigate the legal and technical competence of the attorney and law enforcement personnel in this matter.

Feel free to copy this and send it off if you like. With luck, either the DOJ will quit, or we'll get a better explanation. Hopefully we can create an awareness that VOTERS ae watching what happens in these matters, and that we expect reasonable action and competence.

Re:Well, what did YOU do ?

[Anonymous Coward]

Unfortunately, by pointing out this flaw in the legal system, you will likely be prosecuted next.

Re:Well, what did YOU do ?

[Absynthe]

You know, I went to the trouble of emailing Don Manzullo, my representative in Northern Illinois. He makes it something of a bother to even do as his office doesn't accept email from non-constituants. I put my thoughts together regarding the dimitri case and fired it off.
Two weeks later, I get this big mannila envelope with a little four line form letter thanking me for my interest in the case and this huge packet of press clipings regarding the case. Ever since then, every week like clockwork I get this huge packet of clipings in a big mannila envelope from Don.
I have no idea what I accomplished in writing in the first place. I guess it's better than nothing. I didn't really expect the representative to call up thanking me for pointing out the case and asking me out to dinner to discuss it further.
Did any of you write your congressmen and get some different responce?

Re:Well, what did YOU do ?

[Nailer]

Don't live in the US, but for those who do here's the contact details for Poeteu Daily News and Sun. Its prolly being prosecuted by federal organizations but getting PDNS to ask the government to to persue the case would be a good start.

Re:Well, what did YOU do ?

[hey!]

That's a nice short letter.

Why don't you write in out in long hand and send it by e-mail so somebody will actually read it?

With e-mail, you are lucky if some staffer bothers to count the number of e-mails on each side (which they won't unless they're flooded).

I was thinking -- if you really wanted to get attention for a case like this or the Sklyarov affair, you need to make a phenomenon that can't be ignored. Like if every American who reads Slashdot wrote thier opinion on a brick and mailed it to their congressman.

Re:Well, what did YOU do ?

[legoboy]

I emailed the DOJ, President, VP, My US Senators and Oklahoma Senators about this case asking them to look into it.

The chances that a single one of them will ever see your email are somewhere between zero and nil. You would have infinitely more impact if you arranged a meeting with your own representative, and went about informing him face to face.

Problem is easy to fix

[Hostile17]

If the Government and various Companies want "Security through Obscurity", I say we give it too them. Will it solve thier problems ? No it won't, it will make thier problems worse. However, it will solve several other problems, this article being a perfect example of a problem which could have been avoided. If he didn't report the security problem, he would have never been arrested. If System Administraters and the FBI want to bury thier heads in the sand, then far be it for us to try to change them. I am sure there are a great many Crackers who would love to go back to the wild days of the 80's when every computer system with a connection was owned and information about cracks were circulated through underground BBS's.

Contact Wally Burchett and the Poteau Daily News

[pclinger]

Mr. Wally Burchett has some serious issues, and
the Poteau Daily News has something coming to them if they think they can get away with this.

Everyone should start writing letters, call the editor, etc. From their Web site:

Address:
Poteau Daily News & Sun
P.O. Box 1237
804 N. Broadway
Poteau, OK 74953

Office Hours:
7a.m. - 6p.m. Mon.-Fri.
8a.m. to Noon Sat.

Phone Numbers:
(918) 647-3188
(918) 647-8198 Fax

Email:
pdns@pdns.com
publisher@pdns.com

If you write letters, direct them to Mr. Wally Burchett.

As with all the causes we at /. are for, remember to only write well thought out letters. Don't send "j00 4r3 l4m3r5" letters, they don't help.

For all the security holes I've pointed out to various sites, if people called the FBI on me I would be in jail for the rest of my life.

Attorney & Stay Home

[Anonymous Coward]

This guy needs an attorney. He also should not under ANY CIRCUMSTANCE go to the grand jury proceedings unless compelled by law to. As it appears he is not compelled by law to, he should not got to the grand jury proceedings.

Re:Attorney & Stay Home

[Anonymous Coward]

The attorney he's trying to get says he shouldn't go. He was "invited" to go, but is apparently not required to be there. Hopefully he'll be able to get enough $ together for this attorney, because if not they'll just railroad him through to prison. It's bad enough that if they get an indictment at the grand jury proceeding he'll be arrested and put under some rediculously high bond and be unable to get out of jail until this is over with.

link is already broken

[Anonymous Coward]

I see a paranoia regarding worms/viri and the goverment. Code red seems awfully hush hush regard any infomation on the perp, and the intial location of the infection. I am sure the initial infection point are logs on some computer somewhere.

p.s. the link to the story is already broken

In a related story

[Molina the Bofh]

Ten firemen of the Oklahoma city were arrested early this morning for trespassing.

The squad alleged they broke into a house because it was burning, and they received an emergency call that said there were people trapped inside it.

Instead of innocent trapped civilians, they unknowingly tried to rescue undecovered FBI agents.

The firemen broke the main door and entered into the burning house, when they were immediatelly charged for vandalism, trespassing and attempted burglary.

They alleged they were trying to save lifes, but this is no excuse to FBI agent Smith, that said:

"What we are facing here is a very serious crime. The entered the house without written permission from its owner. They work doesn't matter. Or do you think a teller can enter a bank's safe and get money without permission ?"

If the firemen don't get convicted, then the prosecutor woult try for arson.

That's fucked...

[RaeF]

Our government licks sweaty dog balls...

let me sum up everythign beneath this post

[Anonymous Coward]

Orwell, MS sucks, hicks in the midwest, clueless FBI agents.

There. Now, go do something constructive with your time.

Common Sense and Peeping Toms

[Gefiltefish]

While this individual seems to have done a "good deed" in communicating a security flaw and this pursuit by the feds is excessive, the issue should at least get a fair treatment from both ends. Just imagine the following coversation:

Concerned Citizen: "Mr. Smith, I'm calling because I noticed that your bedroom blinds are partially open and I can see your wife walking around in the nude. I thought I'd bring this to your attention so you can remedy the situation before more malicious sorts exploit the breach in your window dressings."

Smith:"Are you sure about this?"

Concerned Citizen: "Yes sir. Just to be sure, I pulled out my binoculars. I can tell you that your wife has a pierced left nipple and a tattoo of Bugs Bunny on her right butt cheek. Oh, and I'm sorry about your lack of gift. They say that size really doesn't matter anyway..."

Smith: You bastard!!

Re:I once did something like this...But won't agai

[snakecoder]

A co-worker of mine found a strange machine on a corporate housing DSL network. Turned out to be a CEO of a consulting firm. My friend did poke around and noticed what could have been sensitive documents. He also was able to look at this individuals cookies. He was not able to find the guys e-mail directly so he contacted the company instead. The CEO called him directly, thanked him and offered to take him to dinner.

The big question is, would this guy have been as greatful if he knew the methods my co-worker used to figure out who he was? It's a fine line. Maybe being an anonymous good samaritan would be the better route.

Letter via email

[SCHecklerX]

Since I don't have the cash to contribute right now, I did send an email to the address given at the end of the article. Here is what I wrote:


Hello,

I just read about a case involving Brian K. West. The URL is:
http://www.linuxfreak.org/post.php/08/17/2001/134. html

From everything that I have read, this person did absoultely nothing
wrong. I fail to understand why he is being persecuted for simply
notifying somebody of a *VERY SERIOUS* security hole on a service they
offer to the entire world.

Please consider throwing this case out. Mr. West has undoubtedly
already lost much time, money, and reputation due to this injustice.
Had he done the same thing for me, I would have immediately sent him a
message of thanks and IMMEDIATELY secured the site. Aparently, weeks
after the initial warning that Mr. West was so kind to give the poteau
daily news website administrator, this hole (really a misconfiguration
on the administrator's part) still was not closed.

Allowing frontpage publishing to the entire world is a serious
potential vulnerability. Doing the same with no authentication
mechanism is just plain stupid, especially for a news site whose
integrity is at stake.

If you would like to see other people's views on this incident, please
visit:
http://slashdot.org/article.pl?sid=01/08/18/170259 &mode=thread

-- greg, webmaster@no.slashdotting.desired

--
Greg Spath
gspath@no.slashotting.desired
http://no.slashdotting.desired

That is absolutely Terrible

[El_Nofx]

After reading that article i am appaled. Why does noone stand up to the FBI? Why did he not tell them to take a hike when they didn't present a search warrant? There are certain pieces of paper that our founding fathers created so power hungry men like this couldn't have thier way with people. They are called
THE BILL OF RIGHTS and THE CONSTITUTION
Will we have to fear the G MEN from now on?
This sort of thing happens to alot of Gun Owners except it is the ATF doing it. They are just on a witch hunt.

Advice needed (Slightly off topic)

[Anonymous Coward]

I have a similar problem facing me right now. Recently I have discovered that I can re-write cookies/alter HTML on my machine and "pay" for my parking tickets with any amount I want via my city's web-site. It is a common problem where e-commerce websites trust your computer with the correct amount. To test this I paid $5 for a $50 ticket I had and waited to see what would happen. Sure enough, my CC was charged $5 and upon phoning the city, I discovered my ticket has been marked as paid. Now.. do I phone the city and tell them about this problem, or do I just let it go? I figure eventually some audit will turn up a $45 discrepancy.

Hey, I got an idea...

[BierGuzzl]

I"m gonna make up an even better story with even less sketchy details about what I actually did and what the cops charged me with, leaving very clear info on how to help donate money to my cause.

For all of those tempted to donate money, make sure you check out the story first!

Re:Hey, I got an idea...

[mamba-mamba]

Heh, heh. That is EXACTLY what my first thought was when I read this. Almost all of the people expressing outrage here are basing that outrage on an article at ONE site.

MM
--

Same as if I noticed smoke coming out your house

[Anonymous Coward]

If I notice smoke coming out of one of the windows of your house and point it out to you, you'd be more than happy that I did.

that's what this boils down to. forget the legal mumbo-jumbo. West pointed out that smoke was coming out of a window and that the potential for a fire was there, and he gets blamed for the fire that could (BUT DIDN'T) ensue.

Re:Let him rot in jail!

[Zack]

"No, Officer, I didn't want to steal that car, I was just going to notify the owner of the insecurity."


This is the worst anology ever. This is more like someone parking his car out front and yelling "Come look at my car! Come look at my car!" And When someone looks in the window and says the door is unlocked and keys are in the ingition calling the cops to have them arrested.

The part you seem to be missing is that it was an explicitly public access site and he inadvertantly found a hole. He wasn't look for one, he just found one. Would you be arrested for robbery if you saw a $20 bill laying on the sidewalk?

Par for the Course

[nemesisj]

This is nothing new. The FBI has been screwing up stuff like this for the past couple of years in many different areas. Remember Richard Jewell? Same situation as this, just without technology involved. The problems with the FBI don't stem from ignorance of technology.

What about MS?

[multicsfan]

Shouldn't MS be a co-defendent as they provided the software used to 'hack' the site? Isn't there something illegal about making tools that are used for 'hacking'?

Re:What about MS?

[Anonymous Coward]

That would fall under the DMCA. Hmm, it seems seems current computer crime laws conflict.

OT: Re:Who-hoo! Land of the Free!

[zuff]

I had to go through C&I to get to my connecting flight at Schiphol (sp?) at Amsterdam. Very annoying (since my incoming flight was so late that I had 5 min to connect. blech.)

Re:OT: Re:Who-hoo! Land of the Free!

[Anonymous Coward]

Where was your final destination? If it was in the EU, then this is normal. You only have to go through C&I at your first entry into the EU.

What exactly do the log files show?

[pgrote]

Gathering the information from the reports is a tough nut to crack. If all Brian did was open the page using the EDIT command then I don't know why it would show hundreds of accesses.

On the other hand, if he opened the site in Front Page -- which is a natual extension to see how far the site was compromised -- the log files would show hundreds of access if he went to all the pages especially if the Front Page bots were being used.

Either way it is sort of humorous that a paper would leave the ability to edit the pages open. I didn't see any comments that said otherwise. It looks like someone didn't enable the basic user/password challenge for accessing Front Page in administrator mode.

Re:What exactly do the log files show?

[devious507]

Frontpage automatically downloads a listing of all the files on the server (or subweb in this case). Hundreds of files == hundreds of hits.

This is one of the many reasons I hate frontpage.

Some ppl are really id10ts

[InsaneCreator]

Something a bit similar happened to me a few months back. I discovered a big security hole in my webspace provider's server, which allowed me (or anyone else who knew about the hole) to read all of ohter user's e-mail and access all the pages, which included seeing passwords for MySQL database written inside .PHP files.

I notified the sysadmin about the hole and all I got back was "we are really busy and we don't have time for such details right now. we'll look into it at some point". Well, almost 8 months later the hole is still there. And the best of all - they are giving away free 1-month trials to anyone who wants one. You don't even have to provide your real name, because they never check it!!

Some really never learn...

This (fictional) story ends happliy

[griffjon]

Actually, the FBI agents weren't trapped inside, they were just debating who would go to jail after one agent pointed out that another's fly was open. Was the person with the lazy zipper a sex offender, or was the person who pointed it out a peeping tom? By the time the firemen got there, the agents had all handcuffed each other to each other. Local police commented that this was obviously some arsonistic sex cult, and that the FBI agents' names should be listed on a public bulletin board. The NSA pointed out that this would unnecesarrily expose the agents, so the cops were arrested. The DoJ brought the case before the Supreme Court and thus was the entire american 'justice' system brought to a halt.

The firemen, having no one left accusing or prosecuting them, returned to life as usual, and the nation breathed a sigh of relief as good samaritanism was, if not legal, at least accepted again as there was no one to prosecute the cases left.

Good samaritan laws

[Mark Bainter]

Hrm. I think we need updated/slightly modified good samaritan laws to cover this sort of thing. This is even worse than situations GS laws were meant to cover. Currents are if you cause damage accidentally trying to help. He didn't even do that. It's like rescuing a man from drowning and having him sue you for doing so. To quote John Stossel: Give me a break.

The Federal Gov't is now required to do this

[Anonymous Coward]

Under the DCMA, the federal government is now required to do this sort of thing (Adobe??, SDMA??). Finding security holes in either software, hardware, or the internet is now forbidden, and if you have the temerity to look for such holes, and then tell about them, expect the people in black bacalava to break down your door.

The tail is now waving the dog, i.e. the corporations are now telling the government what to do, and when to do it. The really scary thing is that what was once viewed as a United States law issue, is now being exported to the rest of the world. I have read where the EU is now considering 'Software Patent Rights' and DCMA style laws, to "protect" big corps. like the government and laws do, in the U.S. WPO is also being used to extend this.

One wonders where it will end...

Re:The Federal Gov't is now required to do this

[Skapare]

Reminds me of what Germany was like back in '33

Per the fbi afidavit

[WindowsTroll]

he is guilty of unauthorized access to the PDNS web site. He admitted in a recorded conversation with PDNS representatives that he accessed the user names and passwords to their site, that he entered their site using these names and passwords, and that on three occassions, he entered the web site of 1st National Bank of McAlster and was able to view customers checking accounts, savings accounts, and money transfers.

So, going back to the house analogy, he is guilty of going inside and looking around.

The details of the affidavit are from Brian West's own web site, http://www.bkw.org

Re:Per the fbi afidavit

[rosewood]

I stand corrected

Re:Per the fbi afidavit

[H310iSe]

Yea but, I mean, 20/20 hindsight is great but I probably would have done the same thing this kid did. Think about it, bored at work, poking around, find big hole. You're a geek. What's the first thing you want to do? Look around, feel the edges, learn, explore. This is what has gotten you to where you are today, you've been rewarded for this (natural?) prediliction so you (naturally?) continue. You're not Evil. You don't do anything bad but you also don't immediately shut down everything and call the ISP. You play first. Then you do what seems like the right thing (again sans 20/20 hindsight) and call the person affected. It's a little dig against your competitor that you tell thier client and not them. Fine.

I would have probably done the same thing and never even concidered that I could get in trouble. My intenstions and actions were all good.

Now as mentioned Joe-6-pack will not understand this if the facts are spun a different way by a skilled and, IMHO, malicious prosecutor (who should know better but since 5-oh can't catch any *real* criminals they have to royally fark the innocent ones). I can see the courtroom now. This kid is screwed.

This is an important reminder, maybe our foresight will be a little sharper through his hindsight.

Re:Per the fbi afidavit

[Skapare]

And do you think the incompetent admins that run the site would have believed someone who just said the site was insecure, but didn't back it up with facts?

Re:Per the fbi afidavit

[blue trane]

what he should have done is posted the url on irc or slashdot or something and sat back and watched the fun.

Re:Per the fbi afidavit

[Anonymous Coward]

Ugh. Moderators-on-crack - syndrome rampant on this thread... "Flamebait"???!?!?!?

Re:Per the fbi afidavit

[PinkStainlessTail]

Hmmm. According to the article, two (?) weeks later they still hadn't fixed the hole...

Similar experience, but with a happy ending.

[Faldgan]

I was talking to a friend who still worked at a place where I had been previously employed(Both of us in IT), when he mentioned that they had moved their web services to a 'professional' hosting company. I had been playing around with SAINT, and during the conversation, (I forget who mentioned it) we decided to scan the machine hosting their site. The scan showed anon FTP with write access. I logged in (anonymous) and noticed that I had write access to the entire site, including all the scripts that dealt with the credit card numbers. After checking to see that the write access was real (I created a file in the root directory, containing my name and phone number, and an explanation of what I was doing) I told my friend to have that company called up and have the problem fixed immediatly. Later that day, I got a phone call from the 'professional' company that was hosting them, slightly upset at my actions, but just happy that I *was* benign. They could have done the same to me as has been done to Brian West, but instead they fixed their problem, and let me live.

Re:Similar experience, but with a happy ending.

[GlassUser]

Wanna hear something even worse? At a small ISP I used to work at, they had some ass of a lady doing server configs who left backdoors all over the place. One guy hosting in Virginia got spammed from out of my ISP's users. He telnetted to our mail server to see if it was a system he knew, if you could get anon access to it, etc. Anon login didn't work, so he was going to exit. He fat-fingered the telnet control command, and was still on the host when he typed "exit". The prompt then read "password>" and by reflex he typed "exit" again. It then gave him a root prompt. He called up and got me, told me what he did, and said I should fix it. You should have seen the owner's face when he heard about it. Oddly, though, his reaction was to beat the crap out of our server operator, not sue the guy that told us about the hole.

This is ludicris

[Anonymous Coward]

I am ashamed to be an american. I can't believe this is going on im my own country. This kind of stuff makes china look good. I hope this guy sues the daylights out of the fbi. I also hope this does not keep other honest people from reporting security holes to their sys admins. That though is where he should have started. By reporting the problem to a sysadmin, he would have caused less of a scare by the company.

Re:This is ludicris

[Anonymous Coward]

This kind of stuff makes china look good.

In China, he would probably already be in jail or dead, assuming that the incompetence level of investigators is 50% lower than the FBI.

I found a hole

[Anonymous Pancake]

I found a hole in slashdot and now there are a bunch of angry fat people in front of my house yelling things at me

taping conversation illegal?

[Anonymous Coward]

"When Mr. Burchett called back, he recorded the call and asked for details on the server problem. In the course of explaining the problem, West let Mr. Burchett know that other companies, including West's own bank, had experienced similar problems configuring server software. Following their phone conversation, Mr. Burchett gave the tape to the Poteau Police Department. That's when the FBI got involved."

Isn't taping a phone call without both party's knowledge/consent illegal? Wasn't Linda Tripp charged for that?

Re:taping conversation illegal?

[phillymjs]

It depends on the state. Some states require all/both parties involved in the call to be aware it is being recorded, like PA, where I live. Other states require only one person to be aware, which of course in this story would be Mr. Burchett.

Since this story does not mention Mr. Burchett being arrested or cited for anything related to his taping the call, I'd have to assume that OK is a "one party" state.

~Philly

Re:taping conversation illegal?

[mcc]

Isn't taping a phone call without both party's knowledge/consent illegal?

The legality of phone call taping is, as far as i can tell, governed by state law. Therefore the legality of taping a phone call without the consent of both parties would vary depending on what state the phone call took place in. (If the call happened across state lines, i assume federal law would have jurisdiction.)

I found this rather informative webpage on google, and it claims that in Oklahoma you only need the consent of one of the parties involved in order to record a phone conversation. So your answer is: No.

(P.S. : That page also claims further down the page that federal law only requires the consent of one party, and that federal law also takes jurisdiction if you go and make the call from an indian reservation or the lobby of a federal building. Which is kind of interesting and probably totally accurate, but not very relevant considering both parties involved here were in oklahoma.)

They must pay!

[krogoth]

There is a link in the story to make donations, and I would if I could, but if he wins I hope he can sue them to get his money back and more... The person who got him in trouble should be the one who is punished, not him.

The way we make laws is a security flaw

[blair1q]

Anyone with a bad idea and enough money can get any nonsense turned into a law.

--Blair
"Democracy is a wonderful thing. I wish we had some."

maybe because

[Anonymous Coward]

a flight from Frankfurt to Munich is domestic? (duh)

Dammit, Why?

[Whomp-Ass]

It never ceases to amaze me how absurd these people can be. This type of action reminds me of a time when a family member (a lawyer) came to me to find out if there were any way to sue someone under libel law for posting to a newsgroup much like slashdot.

Simple actions, obvious freedoms, and inane people in places of power trying to remove them...

Will it ever stop?

More flaws of the DMCA.

[mmol_6453]

It can, (and probably will, if the DMCA isn't killed) occur, just as you implied.

But consider a simaler case. Remember when there was a huge expose on Food Lion, with packaged meats being re-dated? That didn't last long in the media, because the reporter (who went undercover) violated Food Lion's Non-disclosure agreement.

In this case, the DMCA is just like a NDA, and even applies. We signed the agreement by voting for the senators and representatives we did.

Fortunately, NDAs can be declared invalid, depending on various laws. So can the DMCA, by the Constitution.

I will be one of the many disappointed people if the DMCA isn't declared unconstitutional.

Re:More flaws of the DMCA.

[Anonymous Coward]

Good point. Even more interesting is the fact that those of us who weren't old enough to vote for said senators signed this NDA by being born in the wrong place at the wrong time.

It's a trap!

[Anonymous Coward]

Welcome to Slashdot's new cluster. Found a bug? Report it here!

Report Security Problems, Face The Consequences
Posted by timothy on Saturday August 18, @12:09PM

U.S. Government is wacked.

[ocipio]

This is similar to Adobe's case with Dimitri. Tell a company of a flaw in their product/system, the consider you a malicious person.

The U.S. Government seems to support the idea of allowing unsecure products and telling people not to exploit them. I guess their being against encryption falls into the same place.

White Castle?

[Anonymous Coward]

Free Oklahoma ISP!

wierd tactic - details of Title 18 Section 1039

[hillct]

One item not mentioned in the article is the details of Title 18 Section 1030 which pertains to 'Fraud and related activity in connection with computers'. Under this statute, mere access to protected computers owned by the federal government is a criminal offense, and access with intent to cause damage or defraud are offenses, but this cuy hasn't commited any of these offenses. The only offense he might have committed it is detailed in subsection A, Paragraph 2C, which states "[Whoever accesses] information from any protected computer if the conduct involved an interstate or foreign communication;" such action would be considered an offense under this statute.

The problem with prosecuting under this theory is that as far as I can tell (and the article doesn't really say either way) accessing the computer hosting the newspaper website was not done across state lines (thus affecting interstate commerce - which is why this clause can exist in the US COde at all). Does anyone know weather access to the newspaper website was done across state lines? It doesn't look like it to me.

--CTH

Re:wierd tactic - details of Title 18 Section 1039

[Anonymous Coward]

hillct wrote:

The only offense he might have committed it is detailed in subsection A, Paragraph 2C, which states "[Whoever accesses] information from any protected computer if the conduct involved an interstate or foreign communication;" such action would be considered an offense under this statute.

Your point about state lines aside, the words "protected computer" jumps out at me. From what I've read, I can only draw the conclusion that the computer is not protected and that, in fact, the suspect in this case was contacting the other company to inform them of this fact. Sounds to me like this FBI team are just looking for something to do to justify their existence.

Re:wierd tactic - details of Title 18 Section 1039

[hillct]

The previous poster (the AC) makes a vary good point. At what level should a computer be considered protected? IS a computer considered protected if there is simply the capability to set a password but none is set, or does there have to be an overt act by the administrator to attempt to protect a computer (like set a password, or read the manual or something).

Along the same lines, could weather or not a computer is protected be established by how difficult it was to gain access? Perhaps the computer could be said to be not ptotected because the guy didn't have to take any special measures to gain access (except click the 'edit' button in FrontPage. This is a legal question and not one I have the answer to.

--CTH

Re:wierd tactic - details of Title 18 Section 1039

[emmons]

Please, learn english if you want to write in it.

"weather" is not the same as "whether."

Uh, this is news?

[Anonymous Coward]

Anyone heard of Randal Schwartz? He's been fighting something like this for years.

Say goodbye to your freedom buddy

[cnelzie]

What you did is highly illegal. There is no backing out of it by saying, "I was just testing a theory."

What will end up happening is you are going to found out one day, if it is a smaller city that performs yearly audits and then you will find a FEDERAL WARRANT out for your arrest. This is because you performed a FEDERALLY PUNISHABLE CRIME. The only thing you can hope to get is a light sentence if you bring yourself down to the courthouse and get in touch with the right people.

You might get real lucky and have a slap on the wrist. However, the longer you wait the more likely you will go down in flames.

What you did sucks and I have no sympathy for you.

--
.sig seperator
--

Re:Say goodbye to your freedom buddy

[Anonymous Coward]

Assuming that they can prove that it wasn't a bug on their end, which ought to be damn hard. Of course, if they find his admission of guilt in a Slashdot archive, that might hurt his case.

~~~

Re:Say goodbye to your freedom buddy

[Meorah]

I'm sorry, but you're spouting pure crap at this point.

The government used to REQUIRE people to pay their fines by coming down to their location. While at this government building, you run into processes that check the validity of your payment before they mark off the payment as "paid". Usually, this process is a person who looks at how much you owe, and compares it to how much you are supposed to pay. If its not enough cash, they'll make other arrangements with you, or cart you off to jail if your payment is overdue.

Now see, it would be MUCH cheaper for the government to simply NOT PAY SOMEBODY to stand there, and put a sign up that says, "If you're here to pay your fine, just toss the amount into this box with all the other payments, and sign your name on this paper." Of course, nobody in their right mind would think of this as an adequate process for payment validation. If you're stupid enough to implement payments like this, nobody would want to prosecute any potential lawsuit, because its obvious you're going to lose.

Throw technology into the mix, and some morons think everything changes. IT DOESN'T! You still have the responsibility of making sure that somebody who pays their bill is paying the correct amount. If they try to pay the incorrect amount, it shouldn't accept it as a valid amount. JUST LIKE THE TECHNIQUE WITHOUT THEM NEW-FANGLED COMPUTER INTERNET THINGIES!

I think there's a huge market for technical to non-technical translations, but most people are too dumb to even realize what that is, or why its driven out of necessity more than they realize.

The parent thread for this reply should prove there is necessity. So to cnelzie, I have this to say: What you are saying sucks, and you should get a clue. Fucking lawyers, geez.

Death of a hobby

[Anonymous Coward]

I am a graduate chemistry student. I do chemistry in a laboratory belonging to a University, and order all my supplies from approved companies who, in turn, will not sell to the general public. Old folks tell me that there was a time when one could walk to a drugstore and buy some chemicals! Yes, sir, I'd like some potassium permanganate, some methylene chloride, and some tantalum azide. You do know what you're doing, son, don't you? Yes sir, I do. Okay then, be careful.

You try doing chemistry as a hobby at home today you will find yourself in jail. Even if you never make any drugs or bombs, it will be assumed that you are making drugs and bombs. The possession of any chemicals which could conceivably be used for making drugs or explosives will be taken as evidence that you are making drugs and explosives - even if you aren't. Even if you have careful notebooks which explain what you're doing, it won't help you. People have been sent to prison for possession of three-necked flasks and triple-beam scales!

Computer security has, I think, gone the way of chemistry. Don't do it at home! I am by nature a paranoid person - perhaps this is to compensate for my lack of ability to "read" people and take hints - it would never occur to me to do any white-hatting and give my real name. I would have notified the newspaper jerks by email from an anonymous terminal or by disposable calling card from a payphone. The boy in this case should have told his boss at his company, and let his company decide whether to call or not. Instead, he goes off and gives the impression that he goes around finding holes in systems, on his own, all the time! If security is your hobby, go and get a job at an actual security company and do it full time. Or don't do it at all.

This will lead..

[Anonymous Coward]

All of this crap, and the DMCA is going to lead to buggy, harmfull websites and and ecryption and compression.

Thank god I use a mac, cuz when this hits the fan, Windoze users are gonna get reamed more than they already are. They already spy on people through the windoze version of IE, imagine what else they do with out us knowing.

This scares me...

[Anonymous Coward]

Are we in a police state or what? Stuff like this scares me. It's obvious that the FBI not only is totally clueless about enforcing their own laws, but probably clueless in general, Plus, they aren't above using entrapment to get an innocent busted. I have a major problem here. At least in the USSR you know where you stood with the KGB. Here in the United States we're taught to believe that people have rights and the government works for US. What's dangerous is that this (and other late examples) show what scam artists our government truly are. Our representatives aren't any better either. They believe the cure for everything is to pass more laws and take more freedoms from us. Canada is looking better every day

American Rebels

[Anonymous Coward]

And that doesn't go on here? Do you know anything about the growing resistance to neoliberalism (aka Corporatism)? About the police state tactics in any cities where the neoliberal elite hold meetings? About the lists compiled by the FBI of anti-corporate activists (lists which are shared with foreign governments)? About the infilitration of activists groups? You think America is the land of the free? If it ever was, it isn't today.

Re:American Rebels

[mmol_6453]

If you really beleive these things, then you're making a great sacrifice by posting, exposing yourself.

If you think that posting as an AC is going to protect you, then you're a fool.

Even if things can't be traced at a network level, (which may be possible, depending on how far you claim to follow the conspiracy theorist's belief) they can still match your writing style to that of known criminals, activists or simply people that they have no proof are guilty of anything.

Pick your analogy

[Plasmic]

In Brian's case, this reminds me more of a guy walking his dog around his neighborhood on the sidewalk who notices that the front door of one of the houses was left wide open and that there are flashing neon signs pointing to the open door that read

ENTER HERE -->

TAKE EVERYTHING IN MY HOUSE! PLEASE! I DON'T WANT IT! IF I DID, WHY WOULD I PUT THIS SIGN UP AND LEAVE MY FRONT DOOR OPEN?

So, the guy looks at the mailbox to find a house number, looks up the number in the neighborhood directory, and calls the owner to make sure he's aware of the situtation.

We can start an entire thread on analogies for things like what Brian did and what portscanning is, but it just becomes subjective depending on how familiar you are with the technology. To many of us, open up a file that contains contact information after Frontpage accidentally goes into editing mode instead of read-only mode (or whatever) and then contacting someone about it seems trivial. But to your average FBI cybersleuth, it's just as trivial to spin this in an insanely dark direction.

Isn't it more fun to catch cybercriminals than to wander around determining that those people are actually innocent? Try to convince your average cocky FBI boy of that.

letting no good deed go unpunished

[Wansu]

Many of us have pointed out problems with web sites but few of us have been keelhauled for it. This is a chilling development to think that FBI agents are so eager to be promoted for appearing to be cyber-savvy with such grandstanding symbolic arrest-like-gestures and ISP managers trying to cover their incompetent butts by crucifying a well intentioned guy like this.

Moral: Stop reporting security holes!

Tested the hole?

[Anonymous Coward]

How did he test the hole?

To make sure it was in fact a hole, he would have had to get one of their files, alter it, and place it back on the server to see if his modified copy was in fact in place.

This is obviously a felony, and has been for a long time.

Whether his intentions were felonious, mischevious, or saintly if why we have courts and trials. The plain facts of the case are clearly felonious.

If a man walks into my house, uninvited, and knowing that he was uninvited, he has just burgaled my house, whether he intended to or not. Even if he had reason to believe there was an emergency or whatever. Clearly, even if I don't like the man, and want him arrested, if he can show that he was acting like a concerned citizen, most jurys will not convict. He says he walked up, knocked on my door, and it popped open. He then closed the door, pushed again, and it popped open again. He then walked into my house, just to see if that was my only line of defense, or if I had an interior door. Having walked to my kitchen, through the living room, he decided that there wasn't an interior door he left. After he left he called me, telling me he could walk into my house anytime he wanted, and he knew this, because he did just that, and didn't I know that olive refigerators weren't in style anymore. He also told me that he had a better door to sell me, if I'd like, because he knew that other people in the area, using the same door I had, have the same problem.

Demand a jury trial, and argue that there was no criminal intent, because even with the HIGHLY BIASED, and TECHNICALLY MISLEADING sympathy provoking article, it is obvious that he technically commited a felony.

Re:Donations...( I *do* know him )

[CoreDump]

Actually, I do know Brian on a personal level. I've known him for a few years. I work for a national ISP based in the Chicago area, and have collaborated with him on some projects in the past, so I know who he is, what his convictions are, and he's certainly not guilty of anything malicious in this case. I'm not posting as an AC, so feel free to check me out as well, if you are convinced this a conspriacy to dupe the Slashdot community.

If he's guilty of anything perhaps it's a bit of overexuberance and a naive belief in the goodwill of others towards "Good Samaritans" in reporting the problem, but last I checked my moral compass, those aren't worth of a *FEDERAL FELONY* conviction.

I donated to Brian's cause, because a support technician for a local ISP in OK, he doesn't have thousands of dollars stashed away to cover the costs of a lawyer in a federal criminal case ( which this has suddenly become ).

If you don't believe in this case, donate to the EFF instead.

What is a "Protected Computer"?

[HerbieTMac]

According to USC 1030(e)(2)(B) a protected computer is defined as a computer which is used in interstate or foreign commerce or communication.

By this definition, all computers connected to the Internet are "Protected" under US law. So what they are charging Brian with is accessing this "protected" computer and downloading a Perl script to which the company assigns a value of $5,000.

The fact that the computer was unsecured does not play in the matter. If the Perl script had been on a public FTP server, they could still charge him with "obtaining anything of value" from a "protected computer".

Parallel Senarios...

[Pollux]

Passer-by: "Hello, police? Yea, I was driving by KMart when I noticed that the doors have been broken off of the front of the building. You might want to get someone over before the place gets robbed."

Police: "Stay there for a while sir and watch things until we arive."

<I>15 Minutes later...</I>

Passer-by: "I'm glad you made it. I was getting tired and..."

Police: "You're under arrest for theft and breaking and entering."

Yea, that makes a lot of sense.

Re:Parallel Senarios...

[loraksus]

who would steal from a k-mart?

Do you want to live in such a place?

[Anonymous Coward]

You dont know which people dont want you to be helpfull... and I for one dont really want to help create a situation where you have to assume noone appreciates help.

This good Samaritan...

[bmo]

...will no longer look out for his neighbors.

To put it bluntly, I had to deal with the local Police Department, yesterday, because someone had broken into a neighbor of mine's apartment. After reading this article, I'll stay uninvolved from now on.

Thank you, FBI, for making my life simpler.

Re:This good Samaritan...

[Kargan]

My thoughts exactly. This reminds me of those stories I've read about random people stopping to help someone in need of medical attention (or whatever) and then getting sued for "negligence" or some such bull.

I know this unhelpful attitude is pervasive in large cities especially. I watched a special on TLC I believe recently, where as a sociological experiment, they had people in very busy urban areas fall down, apparently stricken by something, and then lay there as if dead. It took an average of about 10 minutes before anyone stopped to check on them.

What I also found interesting is that the "herd" mentality is partly to blame there...once someone actually stopped to help the person, several people all at once appeared to assist them.

Re:This good Samaritan...

[bmo]

You know, I was brought up to be Helpful(TM)

In the winters, not only did I shovel our walk, but I went across the street and did theirs too.

It was *expected of me*, by my parents.

And I did it, gladly.

It was THE WAY THINGS ARE DONE.

Dare I do it now?

No.

If I did it now, and someone slipped on his/her walk, I'd be sued. Either that or I'd be arrested for tresspassing.

Whatever. The lawyers and the feds and the townie cops have fucked it up for all of us. There is no longer any room to breathe, to get to know your neighbors, to even say Hello. There was a time when neighbors looked out for each other (10 years ago! wow! that's a long time!), but everyone is a stranger now, and you should never talk to strangers.

(or tell them of web holes)

Have a nice day!

--
BMO

Except...

[Anonymous Coward]

This isn't anything like entrapment. For something to be entrapment, the law enforcement agency has to suggest commiting the crime to the perpatrator with no for-knowledge of his propensity to commit the crime.

So, if I walk up to someone I have never seen, and offer him drugs, and he accepts my offer, I can not arrest him. If, on the other hand, I walk up to someone that has been convicted several times of drug dealing, and offer to buy, then that isn't entrapment. Or if I am sitting in the room, and a man offers me drugs, or tells me how he just sold drugs to the guy on the other side of the room, and he doesn't know I am a cop, then it isn't entrapment either. Even if I tell someone I am a drug dealer, and don't ever actually offer them drugs to buy, and they subsequently ask to buy from me, that is still not entrapment.

In this case, they did not suggest the crime, or help in the crime. He admitted to his prior crime (which he did commit, and he admitted to, and the article even outlines what he did, although specifically vague, as to drum up sympathy) with out having the crime suggested to him.

He did commit a crime, and the FBI did not commit entrapment.

Re:Except...

[Anonymous Coward]

He did not commit a crime. He stumbled through a huge security hole, so large he couldn't believe his eyes so he double checked. Then he scrambled back out, and he promptly notified the owner of the web site. Had he kept it, kept wandering back in, changed things here and there, and so on, then he'd have committed a crime.

But you're right; the FBI didn't entrap him. They overreacted, I suspect, but they didn't entrap him. The agents probably went home thinking, "Wow. Those hackers and crackers really know their stuff! He made that look easy, almost as if there wasn't a password on the site in the first place!"

Re:Except...

[Anonymous Coward]

He did commit a crime. He did not promptly notify the owner of the site. He did "test" the hole, which means he had to modify something and save it. He did test it out on two other sites. He did commit a crime, according to the letter of the law.

If he intended to commit a crime is another story, and that is for a jury to decide.

Entrapment and other issues.

[Restil]

First of all, last time I checked, if a law enforcement official asks me to demonstrate something by breaking the law, then arrests me for it, technically thats entrapment.

If the company asks me to demonstrate breaking into their website, then thats the same thing as inviting me into your house then having me arrested for trespassing.

Also understand, that prosecutors don't usually offer plea agreements unless they know they're not going to get anything better. This guy might actually have a good case, the only problem is, the government has the ability to put too much pressure on the average citizen and force them into an easy out.

All that aside, what do we do? Should we not bother to help the world secure itself? Should we just worms and secretly release them so they fix all the problems and we just look the other way knowing that one way or another things will be secure and nobody will probably ever know about it anyways.

How DO we deal with this? Law Enforcement either doesnt' have a clue, or doesn't care, and probably its both. If the only proper actions are illegal (or will be treated as illegal) what can we do? We can try to educate, but I don't think Law Enforcement WANTS to be educated. Nor does anyone else for that matter. They want to just install their insecure microsoft crap and have it work, and microsoft certainly isn't going to take any blame for it.

This is kinda scary.. Imagine you're walking down the street and glance in someone's window and see a crime being committed, you report it, then get arrested for invasion of privacy. How different is this really? Because they involve computers and networks, people don't understand anything, they don't know what to do, so they panic and get law enforcment involved and they take every call so seriously because of those damned "hackers" that the public is so concerned about.

As I see it... we do our jobs. We don't talk to anyone, we just do what we're supposed to do. If we find a problem, we fix it and say nothing or we ignore it and let it fester (especially if its not OUR problem). Don't try to help anyone. If that user is having difficulty with their computer, if you're not responsible for maintaining it, then don't even think of touching it or even advising that user what to do. Tell them they're SOL unless they can find someone else to help them. Or hand them a book and tell them they'll have to figure it out on their own. This is not the world I want to live in, but what choice do we have? How can we risk it anymore?

-Restil

Re:Entrapment and other issues.

[HerbieTMac]

Your screed would be all well and good except for one thing: He is being charged with d/ling a Perl script which the company values at $5,000. That means that under USC, no matter how insecure the site, he caused damage to the company (a competitor of his!)

The better analogy would be you are walking down the street, you see a door is unlocked, walk in and take a wad of cash. _Then_ you report the door not being locked to the owners.

I imagine that if Brian had not downloaded anything off the website, he would never have seen the FBI. Now, however, if Brian kept a copy of the Perl script on his hard drive there is nothing that can save him.

Re:Entrapment and other issues.

[elflord]

The better analogy would be you are walking down the street, you see a door is unlocked, walk in and take a wad of cash. _Then_ you report the door not being locked to the owners.

THere's a big difference. Files posted on a website are supposed to be downloaded. If they didn't want the perl script downloaded, they should not have posted it on a public website.

Re:Entrapment and other issues.

[mpe]

He is being charged with d/ling a Perl script which the company values at $5,000.

Enormously inflated values are hardly uncommon in cases of downloaded files. $5,000 just happens to be the minimum figure for the FBI not to have told them to get lost.

Re:Entrapment and other issues.

[HerbieTMac]

Enormously inflated values are hardly uncommon in cases of downloaded files. $5,000 just happens to be the minimum figure for the FBI not to have told them to get lost.

I suggest that you read Lawrence Weschler's book on J.S.G Boggs for a good intro to perceived value and public acceptance. Frankly, it doesn't matter that you think the script is not worth $5,000. You do not own the script and therefore cannot begin to estimate what it was worth to this company. Perhaps they have foolishly invested $5,000 worth of employee time into creating it.

Point is this: Their assigned value matters in the eyes of the law not anyone else's. So inflated or not, Brian has still downloaded the script and still committed the crime.

Re:Entrapment and other issues.

[HerbieTMac]

Files posted on a website are supposed to be downloaded.

The Perl script was not intended to be public. Read the charges; Brian went into the computer, found the username and password file, used that to enter parts of the system not authorized for normal users and downloaded the script.
Seems simple to us but is nonetheless not an authorized means of entering a computer system under the law.

Yes, there were security holes. Yes, they were easy to exploit. However, exploiting them and downloading company files is not legal. Period.

Re:Entrapment and other issues.

[J. J. Ramsey]

"Yes, there were security holes. Yes, they were easy to exploit. However, exploiting them and downloading company files is not legal. Period."

The catch is that until someone actually exploits the hole, it's not clear whether an actual hole exist. For all Brian knew, the attempt to download the Perl script could have failed and left only an error message, and there would have been no way of knowing that until he tried.

Re:Entrapment and other issues.

[odin53]

I don't know why I bother, but...

First of all, last time I checked, if a law enforcement official asks me to demonstrate something by breaking the law, then arrests me for it, technically thats entrapment.

It's not entrapment unless the law enforcement official puts so much pressure on you that you do something (that happens to be illegal) that you wouldn't have done in normal circumstances. Otherwise, fair game. Look at it this way: a cop says, "here's a gun. Go ahead, shoot the bum on the street. I won't do anything." He says nothing further, and you go ahead and shoot the bum. Of COURSE you've just committed a crime!

Re:Entrapment and other issues.

[Restil]

Yes but the average person knows that killing someone without reasonable cause (self defense) is illegal. However, say a cop told me to walk over to him, and by doing so I crossed a grassy median and after I cross it, he arrests me for walking on the grass, since thats illegal. I may not have known that, especially if there were no obvious signs around.

Its not that law enforment told someone to break the law. They were posing as the legitimate users of the website/servers in question. Shooting someone is illegal in all cases (except those rare exceptions). I can't typically be ALLOWED to kill someone (yes, there are exceptions). However, the rightful owner of a house can give me permission to do any number of things to that house that would otherwise be illegal if permission wasn't granted, and when permission is granted it is no longer illegal.

If the sysadmin knew that what he was doing was potentially against the law, he probably should have gotten the request in writing. Obviously he didn't think much of someone asking him to break into his own site to demonstrate the flaw. But this was very much a setup. And more importantly, this is a victimless crime. Prosecuting this person accomplishes nothing, but it might make someone out there feel safer at night because some evil haxor they don't know and never hurt them won't be able to hurt them now or however someone wants to justify it.

I still say... what can you do? If we eventually reach the point where the very act of reporting a security hole is a crime, then we might as well go to the trouble to patch the holes and never say anything about it. I mean, after all, what difference will it make? We're just as liable, but one of those solutions is guaranteed to have the security problem taken care of.

-Restil

Re:Entrapment and other issues.

[odin53]

However, say a cop told me to walk over to him, and by doing so I crossed a grassy median and after I cross it, he arrests me for walking on the grass, since thats illegal. I may not have known that, especially if there were no obvious signs around.

This might seem unfair to you, but with very few exceptions: not knowing what the law is is not an excuse. To flesh out the situation, though, this sort of offense probably wouldn't be a felony (keep in mind you have to separate being arrested from being charged with a crime; you can be arrested for a lot more reasons than you can be charged a crime with). If it's not a felony, then hell yeah, you can be charged with violating the law when you cross. The test is whether you would have done it regardless of the policeman's request. (If it is a felony, then you might get arrested, but you probably wouldn't be charged with the crime; the prosecution would need something more wrt your intentions.)

f the sysadmin knew that what he was doing was potentially against the law, he probably should have gotten the request in writing.

This wouldn't have helped him at all -- in fact, it would have hurt him more! If this were the case, the prosecution might have clearer evidence that he knew the act broke the law, and so he was trying to cover his butt. This, of course, doesn't make an excuse.

And more importantly, this is a victimless crime. Prosecuting this person accomplishes nothing, but it might make someone out there feel safer at night . . .

Definitely, you're right.

Know what they are about

[BobandMax]

Many years ago, I was told by a San Diego Police Detective that they are "not interested in the truth, only in good busts." The failure to understand this mindset leads to the kind of situation discussed here.

Prosecutors, police and bureaucrats (obviously, with a few exceptions) do not have your best interests in mind. Like most people, their own interests come first. These might include career, family, power, prestige or (fill in the blank). It really doesn't matter what their motivations are, just know that your interests are not considered or are at the bottom of the list. Expecting more is naive and dangerous.

This does not mean that they do not frequently do good and important work, it just means that their interests do not necessarily coincide with yours.

Voting

[Anonymous Coward]

And those of us who voted for other people lost. 100% of my candidates lost actually, so I don't even have 1/300,000,000th of a say in my government.

[OT] Re:Who-hoo! Land of the Free!

[locutus074]

Having formerly worked for an airline, I can tell you that the reason is because Frankfurt is the first stop in the country of your final destination.

Think about it this way: Suppose you embark from Podunk, Idaho on your way to Frankfurt, with a connection in LaGuardia (New York City) each way. (Assume that Podunk Regional Airport has no customs and immigration facilities, but it wouldn't matter if it did.) On your way back, you'll go through customs and immigration in New York, because after New York, it's all domestic flights.

It works the same way going abroad.

Re:[OT] Re:Who-hoo! Land of the Free!

[Anonymous Coward]

how is this sack of shit informative, but my concise response above it isn't?

think about it this way.. if customs weren't at the first point of entry, you could buy a ticket to cuntchomp, idaho and get off in New York, smuggling all the goods youd like.

Re:[OT] Re:Who-hoo! Land of the Free!

[Jucius Maximus]

"Having formerly worked for an airline, I can tell you that the reason is because Frankfurt is the first stop in the country of your final destination."

Interesting, thanks for the clarification.

Wrong Lesson

[fm6]

Why would you call an editor-in-chief who has no experience with computers instead of, I don't know, say emailing the webmaster? Contacting someone at the hosting company?

Totally wrong. Somebody who knows the technology must have been involved even before the called in the FBI. And I'm sure the FBI and the U.S. Attorney also have technical experts.

Undoubtedly Cyberlink has a policy of referring all security breaches with to the authorities. They probably call it "zero tolerance" or whatever the get-tough buzzword is this week.

Common sense says that West behaved responsibly. He inflicted no actual harm on the Daily News web opeation, and indeed probably saved them some down time, or worse.

Unfortunately, common sense is not relevent here. When somebody gets caught in a technical violation of the computer security laws (even when the violation is matter of interpretation, as in this case), the authorities have every motivation to "send a message" and go after the "culprit". Brian West's criminal intent, or lack of it, is simply not to be considered.

The ultimate safeguard is supposed to be the trial jury, which would presumably see that Brian is anything but a criminal. But in order to avail himself of that safeguard, Brian has to expend all his financial resources in an expensive trial.

So the U.S. attorney offers Brian a plea agreement involving no jail time. Brian gets to walk away with some of his finances intact, and the feds get to chalk up a conviction. Everybody's a winner.

Outragous? Yeah, some people would say so. Stupid? No argument from me. Counterproductive? Actually making things worse? Absolutely. Unprecedented? You've got to be kidding. This is the way the justice system works, and this sort of thing happens every day.

I've long had a policy of never reporting security breaches, unless the victim is somebody I know and trust. I've had brushes with the "shoot the messenger" mentality before, though never anything as nasty as this. I'm not suprised, but it's a little chilling to see my worst fears so thoroughly confirmed.

Re:Wrong Lesson

[davonds]

Frankly, I have a problem believing in Brain's total innocence, my gut feeling is that he tried to take advantage of fortuitous circumstance to make a quick sale, especially considering the circumstances of his arrest, but if is truly the injured party then he needs to contact the ACLU, this is a major violation of his civil rights. They will cover all of his court costs.

Re:Wrong Lesson

[j-jahnke]

Having a felony on your record is not something you can just brush off. They are serious. First off he can't vote until after he finishes his probation. Nor can he own a firearm during his probation, and the federal gubbiment can at any time tell him to stop doing something or send him off to the pokey.

Once he is done serving his probation, he has to report this when applies for jobs and it will affect his earning potential as he gets older (unless of course he gets a big enough following and goes on a speaking tour.) He also can not hold a public office. I also am not positive on the firearms rule but he might not even be able to own a gun after he has served his time. These are serious life long repercussions that must be considered.

Sorry if the federal gubbiment says felony and 5 years probation for something I didn't do I am still mortaging my future to find a lawyer to force them to prove it.

I am sure we did not recieve all the information, but I am also sure there is no malice involved. But the solution presented to him was a royal screwing that will effect him for the rest of his life if he takes it.

Jer,

Re:Wrong Lesson

[Anonymous Coward]

This guy is supposed to get an impartial jury of computer-literate people in Oklahoma? Sheesh, he's going to prison!

Re:Wrong Lesson

[Winged Cat]

Umm...if the guy is totally not guilty and can prove it easily, to the point where the FBI knows or should know that this person is no criminal (at least, no way could they get a jury conviction), isn't prosecution beyond that point grounds for countersuit for harassment or something, in which he could recover (at least) any and all legal fees?

Re:Wrong Lesson

[Knara]

"Shoot the messenger" also seems to result from people who believe they are UberAdmins, and have their systems set up in a way that makes them think they've got everything covered. When you point out a problem to these sorts of people, it's not so much an assault on the system (if indeed it is even a security issue at all!), but rather an assault on their ego.

I've had a run in or two with a particular systems administrator who insists that because a particular setup works with his personal account, there's no possible way that he needs to be bothered to deal with any other account configurations, and furthemore shouldn't need to deal with them, since if it isn't like his, it's Their Fault not his.

When did people forget that IT is at its core a customer service profession?

Re:Wrong Lesson

[fm6]

...isn't prosecution beyond that point grounds for countersuit for harassment or something...

No it isn't. My argument was based on a common sense notion of what is criminal behavior. A law enforcement official has no obligation to accept my common sense notions. He or she just has to have reason to believe that the law might have been broken. Since the law in this case is very broadly drawn, that doesn't take much.

Geeks are so one-dimensional

[dmccarty]

When Mr. Burchett called back, he recorded the call and asked for details on the server problem.

I find it so ironic that geeks and programmers (myself included) are so one-dimensional about life. On the one hand, we spend enormous amounts of time and resources securing machines from outside intrusion, and ridicule those who don't (e.g., Microsoft).

On the other hand, our entire lives are an open book to any law enforcement agency, businessperson or non-tech professional because we just don't know enough about how life works.

Here's a clue: don't let an angry guy you don't know record you on the phone! Federal laws are very strict about the legality of recording telephone conversations. If both parties do not agree to the recording, the person doing the recording is commiting a crime.

Maybe if we secured our own lives as well as we did our servers these problems wouldn't happen to us. Why do we blame the sysadmin if someone breaks his insecure box yet blame the government if they break into his insecure life?

Re:Geeks are so one-dimensional

[demon]

Well, he probably was of the opinion that "I've got nothing to hide, I've done nothing wrong, I'm just trying to do something helpful here." And who can blame him? He wasn't doing anything wrong, and he was trying to be helpful. I really don't think he can be faulted in what he did - he was trying to do the right thing. (If only more people did that...)

Re:Geeks are so one-dimensional

[LMariachi]

Federal laws are very strict about the legality of recording telephone conversations. If both parties do not agree to the recording, the person doing the recording is commiting a crime.

Obviously YANAL. Federal law requires the consent of only one party to the conversation, and Federal law has limited application to intra-state calls. State laws vary. Most states (including Oklahoma) require only one-party consent.
First Google result for "telephone recording law."

Everyone a winner?

[Apuleius]

You realize time or no time,
a felony conviction can rip you
a new career asshole on a semiregular
basis for the rest of your life.

My E-Mail to the Department of Injustice

[Zero__Kelvin]

I just wanted to drop you a line to let you know how much I appreciate your efforts in the Brian K West fiasco ... er I mean case. http://www.linuxfreak.org/post.php/08/17/2001/134. html

It is good to know that if I, or someone else, misconfigures my software that I will not be likely to hear about it from a well-meaning person because of their fear of prosecution. Instead, I will hear about it when it is too late and a truly maliciuos person exploits my vulnerability.

Where would the world be without people like you?

If you ask me, the FBI agents and any other law enforcement agents involved with this situation are the ones who belong in jail.

Cheers.

[signed with real name]

Doesn't Matter

[PingXao]

Whether or not state lines were crossed is immaterial. The mere possibility that the computer could be accessed from another state is enough to trigger the statute. Even if the activity originated and terminated completely inside one state's boundary, the federal statute still applies.

Re:Doesn't Matter

[AndyChrist]

So if I were whacking off to kiddie porn near a state border and I COULD have spooged into the next state, but the wind shifted, I'm facing FEDERAL instead of STATE charges?

Oh, man...

Re:Doesn't Matter

[AndyChrist]

Now, I can maybe understand this being modded down. But why the FUCK do I always get modded down in totally the wrong way? This was NOT offtopic. Trolling, perhaps. If there were a category for lame analogies, and jokes in poor taste, I should be at -10. But OFFTOPIC? Drug testing should be mandatory for moderators. And IQ testing, too.

Give me an I

[fm6]

Yes, I know this fact. When I said "everyone's a winner" I was using a special form of expression you should acquaint yourself with.

Re:Give me an I

[__ne2k]

If you niver get moded up, praps the modraters are sik and tired of you're speling!

This will be thrown out

[Ratbert42]

Let me set this up. I'm not a lawyer, but I was charged with, took a plea deal for, and served time for a violation of 1030(a)(5).

He is expected to be charged with a violation of Title 18, Section 1030. If we have all the facts, the closest charge would be under one of the subsections of 1030(a)(5):

knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;

intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or

intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage;

It's not enough to merely access a "protected" computer. He has to have either intentionally caused damage or been "reckless" and unintentionally caused damage. He also has to have caused $5,000 or more in damage, which can include the time taken to detect and clean up after the intruder.

Now if he did not change any of their existing files, only created a new file to see if they were vulnerable, and notified them himself, there is certainly some doubt that he caused more than $5,000 in damage.

The government also has the burden of proving his criminal intent. This is exactly what will cause the judge to throw out the case, if it ever gets there. From the article, it appears clear that his intent was not to cause damage. If he can support that claim, he'll win. Heck, he should consider filing a suit of his own.

This case is almost certainly the result of an overly enthusiastic FBI Special Agent and/or Assistant U.S. Attorney. They are under pressure to build their expertise prosecuting computer crime cases and they are very actively seeking cases to try. They could very well proceed with this case just to gain the experience.

Re:This will be thrown out

[multicsfan]

But the computer wasn't protected, that's what he was reporting to them. That's what caused his initial confusion. If the site had been protected he would not be in this mess.

Re:This will be thrown out

[Ratbert42]

The term "protected" in this section of the U.S. Code refers not to whether there was a password, but whether the federal government has jurisdiction over crimes involving it. If the computer belongs to a federal government agency, is involved in banking, or (and here's the kicker) is used in interstate or foreign commerce. That last one is what catches ya. If it's attached to the internet, it is considered to be involved in interstate commerce.

Re:This will be thrown out

[multicsfan]

so in other words:

I'm typing say an ftp, telnet, or rsh type command and accidently mistype the destination. The target system has not been 'secured'. The command works. I've now broken the law even though all I did from my standpoint was mistype an address? Maybe I typed .com instead of .net or .org or I was typing an IP address and mistyped a digit, or maybe I mispelled a sitename, like yaho.com instead of yahoo.com.

This seems ridiculus to me. Its like I forget where my car is parked and find the same make, model, color car and my key works on the lock and ignition. Technically I may have stolen the car, but there was no intent on my part.

Ever been in a parking lot and see someone with one of those remote controls open their trunk and see 2 or 3 others nearby also pop up? Are they guilty of something just because their key/fob worked on several cars including their own?

Re:This will be thrown out

[Ratbert42]

Did you copy financial information, copy other files, or do damage in excess of $5,000? No. You'd never be charged under this law.

Future Perl book felon author

[Anonymous Coward]

He should plead guilty to the charges and become a Perl book author like Tom Christiansen. I can see the O'Reilly book cover now (with a zebra on the cover)

Perl for Prisoners

Tom Christiansen & Brian K. West

Foreward by Larry Wall

Re:Future Perl book felon author

[Oloryn]

I believe you're thinking of Randal Schwartz, not Tom Christiansen. And given that Tom hasn't yet blasted you, I'll have to assume that Tom hasn't read this.

Re:Future Perl book felon author

[Anonymous Coward]

Guilt by association, if he was so upstanding he would avoid felons. Tom is boring anyway, he actually replies to posts on Slashdot, like he's got nothing to do. I'm bored with you too, you are probably one of those people who thinks they are so great because they have a four-digit Slashdot user number.

Re:Future Perl book felon author

[Oloryn]

Guilt by association, if he was so upstanding he would avoid felons.

Thank you for providing such a vivid demonstration of the fallacy of guilt by association. The association you're referring to (co-authorship of Learning Perl) occurred before Randal was charged. And as far as I know, there's no love lost between Tom and Randal, which makes your substitution of Tom for Randal doubly off.

you are probably one of those people who thinks they are so great because they have a four-digit Slashdot user number.

Strike two. I couldn't care less about the number of digits in a Slashdot user number. Please have your mind-reading apparatus recalibrated, it's obviously way off.

Using Services Offered

[Anonymous Coward]

Why would it be illegal to use services people publish on the Net???

If I find a computer with an anon FTP service running do i not have their tacit approval to d/l the files they posted?

What's the difference if it's a windows file share with anon access?

what's the difference if it's "edit" access on a web page? If "edit" access in enabled for anon users clearly I have their permission to edit the web pages.

?!?!?!?!?

This guy didn't "crack" anything, he didn't exploit a security hole, he only accessed services they had published on the Internet. It's obviously pretty stupid to let anyone edit your web pages, so buddy was nice enough to give them that advice.

So what did he do that was illegal???? Can I now post documents on my front door and have anyone who reads them arrested because the documents contain secret infos????

Or am I supposed to figure out what their "Intent" was? how about a mail server that is set to relay anything? How do i figure out if that was a mistake by their admin or an intentional setting to aid anon emailing and SPAM distribution?

Reporting a security problem

[Anonymous Coward]

A couple of years ago I found some strange charges on my credit card bill. Someone used my card to download commercial software. I did my own investigation and found that:
- when I recently subscribed online to an ISP, all the data was sent to one of the employees. That employee was probably responsible for billing.
- I could read /etc/passwd using browser and my dial-in password. I could find who worked for the company (they used ksh, others pppksh)
- I could read ALL MAIL BOXES using browser and my dial-in password. That included mail box of that employee. I found credit card numbers of 4 other people there.
- I could CHANGE ALL MAIL BOXES with ftp.
I also found what account was used to read e-mail with my credit card number.

I sent an email to the boss (I found who the boss was by looking in the employees' emails) and there was no reply. Then I edited the mail box of the billing employee ("I am interrupting your reading to inform you about such and such problems...").
Only then they fixed it. Oh, and I talked to the sysadmin, and he did not know what is sticky bit.

Now: should I rot in jail?

Re:I once did something like this...But won't agai

[Anonymous Coward]

Yes...<scribble>....uh-huh....<scribble scribble>... go on... So you did what? Opened one of their files, which you understood to be something they did not want you to see? Interesting.....<scribble scribble scribble scribble scribble scribble *SNAP*...>Crap! Say, you don't have a pencil I can borrow do you? One of these days I'll get a computer to take notes on.

Also, would you tell us your address and save us the trouble of looking it up? We would like to uh, discuss your *discovery* further.

Special Agent Jones
Federal Bureau of Instigations...

I learned this a long time ago...

[Anonymous Coward]

Unless I am the victim of the crime or car accident I don't tell the police anything. If the police don't find something a lawyer will find something to ruin you with. Hey, if it doesn't directly involve me "I know nothing" as Sgt Schultz would say.
It isn't my problem if your front door is unlocked and a thief goes in, the same goes for the internet.

New Witchhunting

[johnos]

Now that the commies are out of the picture, A new villain is needed. The Chinese are maturing nicely, but won't be ready for some time. Child molesters and kiddie porn perveyors have filled the gap, but people are getting bored, and most of them are in prison by now anyway.

I know, let's get the geeks. Nobody knows what they do, and they look funny. Besides, they are responsible for the dangerous notion that democracy is more than dutifully not voting in elections.

Re:Let him rot in jail!

[Zack]

If i see a site at blah.com with a problem, then I'm going to contact the admin@blah.com If I see merchant X is running a site with problems, I'm going to try to contact merchant X.

So let me get you strait... you think he should go to jail because he notified the wrong person first? Are you serious or just trolling? He found a contact address and told them.

I honestly can't believe you think he should go to jail for not finding the exact right guy to report this to. "What? You told the sergant about it! Only the captian handles these vandalism reports. Put you hands behind your head. This is a serious offense."

*blink*

Tell me you're kidding.

This is no good:

[ColGraff]

From the article: "They also refused to promptly provide a copy of the Search Warrant when one was repeatedly requested."

That, boys and girls, is a violation of a defendant's rights. A big one. We don't need to worry too much about this case, I think - a competant lawyer will get it thrown out on those grounds alone. I'm just surpises at the FBI stupidity. Wait a sec...no I'm not. :-)

Re:This is no good:

[Anonymous Coward]

In that case, could he not have just phoned the local police and have the agents arrested for trespassing and impersonating law enforcement officers?

Can someone verify this?

[TheFuzzy]

Normally I donate to "legal defense funds" (such as Skylarov) but this appeal has me a little suspicious. Particularly the appeal for $10,000 in lawyer fees and the convenient PayPal account. Other defendants have needed a support group or the EFF to set this up for them, but Brian has his ready to go.

I don't want to slam Brian if he's really facing unfair procecution, but I also would like to see some outside verification of his story from a reliable news source (like the EFF or the ACLU).

Otherwise, it's quite possible that Brian is in fact a cracker and is playing on the sympathies of the Slashdot crowd to raise a little bail money. Remember, the FBI does sometimes arrest real criminals!

Please CC: your reply to me, since this item already has hundreds of comments and I'm not sure I'll find it.

-Josh

FBI should have powers taken away

[FooRat]

At this time, he did not know they were FBI agents. As part of the explanation, West clicked edit in IE to show them how the bug worked

I can just picture this situation, these FBI agents were probably sitting there thinking "wow, this hacker dude is hacking into the site right in front of us, we've really got him now. This is too easy!".

Seriously, if an organization such as the FBI doesn't even have the know-how to tell the difference between "hacking malicously" and "letting a company know they have a security problem", then their authority should be taken away from them - unless they can prove they actually know what they are doing - otherwise, we have a serious problem. You can't give someone so much authority and power to investigate crime when they know little to nothing about what they are supposed to be investigating. Thats scary.

Don't trust the Oklahoman - HORRIBLE REPORTING

[lonesome phreak]

I live in OK. Never trust what the Oklahoman says. It has been judged one of the WORST newspapers in America (http://www.cjr.org/year/99/1/worst.asp). They are racist, homophobic, and very skewed on all their reporting.

Re:Don't trust the Oklahoman - HORRIBLE REPORTING

[Anonymous Coward]

Not to mention that the Oklahoman simply copied the exact story that PDNS.com printed, which was of course a very self serving story. I've also read comments about PDNS.com's reporting being rather horrible. PS PDNS.com has since deleted their story, but I read them both at the time this incident occurred and if it wasn't 100% exact, it was damned close.

He has not been charged!

[small_dick]

Ahem, this man has not been charged with a crime. That means they are blowing smoke -- for now. He does not need an attorney.

Look, several years ago, I walked near an area where a sexual assault had taken place. The police saw me, and you can imagine what happened. I was a perfect target -- single, no alibi, just walking between two places alone.

They questioned me, took my info, and left. The next day they started calling me at home and at work, trying to get me to confess, trying to get me to "accept" a lesser charge.

They stated that if it went to court, they had enough circumstantial evidence to convict me, that if I didn't take the offer, they would go for the most severe charge. I would be in jail for "years", and (obviously) lose my job.

If I would just confess to a lesser charge, they would "guarantee" no jail time, and no fine. After seven years, it would be like nothing happened, there would be nothing on my record.

There was just one problem with accepting the blame : I was not the perpetrator; I commited no crime.

So I was scared. I spent some money on an attorney ($75) and the guy wanted thousands "up front" to "insure my freedom".

As it turns out, most lawyers are lying bastards. I talked to my Dad's attorney about this, and he started laughing. He said "My God, this is America! You haven't even been charged! They're blowing smoke up your ass to try and get a free conviction for doing no work!"

He recommended that I call the Detective and state:

"My attorney and I will surrender to your department when charges are filed, please contact me at that time. I have no intention of fleeing; I would like to avoid the embarrassment of being arrested at my home or place of work".

Total cost for a real attorney : $0.00

I was never arrested, charged or contacted again!

Know your rights! You do not have to speak to the police...you should respect them and answer rudimentary questions with honesty, but once it becomes clear that you are a target of the investigation, stop talking! Simply tell them you intend to turn yourself in when charges are filed.

Re:He has not been charged!

[sharkey]

IANAL, but that sounds suspiciously like harrassment.

Re:He has not been charged!

[small_dick]

IANAL either, but I believe it's actually protected free speech.

The detective was pushy with me, insistent. Remember, I was not charged, arrested or mirandized. More or less, it's consenual communication. I had little experience with the law prior to this incident, other than things like tickets.

It's been decided by the supreme court that the police are not bound to tell you the truth during an interview. There are bounds, but they can say odd things like "What if I tell you I have an eyewitness? Will that help you make the right decision?" (BTW, the detective used this exact line on me!) Note that he did not claim to actually have an eyewitness.

Now that I look back on the whole thing, I have to say these people are pros. They have guidelines, and they know exactly what they are saying and doing. They have years of experience and training in getting convictions, in any way possible.

Another tactic was telling me that "The truth, your guilt or innocence, does not pay my salary. Convictions do. I can convict you -- I've been convicting people for 15 years, and I've never lost sleep over it. I'm one of the best. I hate to see you make a decision to go to trial and ruin your life. Do the right thing and take the lessor charge."

Probably the thing that hurt me most, and I know now it was all an act, was when he recounted a horrible murder that occurred some years earlier. Everyone in the city knew the details, the rape and murder. This detective claimed to have busted the guy, and he gave me a horrible look and said "You're just like him, aren't you? I know criminals, and when I look at you I see a monster. I'm going to keep coming after you, and I won't stop -- ever". Well, for someone like me, I almost started crying, as ashamed as I am now to say that. The bright lights, the investigation room, the two of us alone, eye-to-eye across the table. The big police banner above his head on the wall -- everything made him look correct and invincible.

Another reason it's not harrassment is that he did not call again once I asked him to stop. My dad's lawyer made that clear -- that I should not be asked any more questions or called again until charged.

Hope this helps people understand what they might have to face someday -- always help the law, but don't hurt yourself in the process. When you sense that the line has been crossed -- that they are considering you a suspect -- stop talking!

I hate to think how many "people of lessor mental capabilities" have taken the fall for things because they simply believed the detectives about all this nonsense.

Re:He has not been charged!

[Snaller]

Simply tell them you intend to turn yourself in when charges are filed.

An innocent man would not turn himself in, QED you admit guilt.

Here's the thing

[hrieke]

No company like to hear that the 'Emperor Has No Clothes', which is what I named this syndrome.

I've had friend fired from high paying jobs for doing the same thing inside of the company that they were working for at the time. You just don't point these things out by yourself.

Yeah, it's fucked but that's how they think and work.

Not all bad...

[TheFlu]

Now if we can just get all the crackers of the world to start phoning the System Administrators of the systems they crack, we'd be all set!

duh

[Anonymous Coward]

He should've warned them in an old-fashioned stamped letter. The only private means of communication, until the NSA finds out how to trawl them for business information too.

it's not whistle blowing, dork

[Anonymous Coward]

Whistle blowing is when you report the illegal actions of your employer or superiors. There is nothing illegal about being shockingly stupid in administering your machines, although perhaps it should be made illegal.

This is like calling a neighbor to tell them that their door is unlocked, and being arrested for breaking and entering. In other words, this arrest does not enforce the norms of society, it gives them the finger.

There is a serious gap growing in technical knowledge between the folks who run society and those who live in it. Stories like this suggest that the gap is growing so great that our leaders may no longer have the moral authority to enforce laws, since they are no longer capable of understanding them.

Welcome to Mao Land!

[Anonymous Coward]

I'm reminded of the story about a journalist hauled before a Peoples' Court. The judge sentences him to 20 years' hard labor because he published an editorial calling the local Party boss incompetent.

The judge goes on to explain that one year of the sentence is for counterrevolutionary thought. And nineteen years for revealing state secrets.

Amazing how we've created our own Cultural Revolution. I'm waiting for the current administration to order all the college students out to work the winter wheat harvests. :)

What West should do

[rpbird]

The DOJ prosecutor's letter to Mr. West was quite revealing.

"Also the government would be willing to resolve this matter at this juncture if you agreed to plead guilty to one violation of Title 18, United States Code, Section 1030. As part of the agreement the government would stipulate that your sentence should be probation. Please let me know, in writing, as soon as possible, whether or not you wish to resolve this matter pursuant to plea agreement."

To let him off with probation, no fine or jail time whatsoever, is DA-speak for "We've got an incredibly weak case that might not clear the grand jury."

This is the way most cops and prosecutors act, whether it's a traffic ticket (in my case), or a so-called hacking case.

Everyone's guilty of something in their minds. In my case, I was profiled, stopped because of the way I looked. I sat in my car for thirty minutes while they ran me through just about every database on the planet, looking for something on me. I'm a nice guy, there's nothing on me. Then they tried to stick me with running a red light. I complained so much about that, the cop on the scene decided to do me a favor and gave me a less serious ticket, one for ignoring a traffic signal. The cop wasn't doing me a favor, she was covering her ass. I decided to fight it. In court, the prosecutor called me outside and tried to cut a deal with me. If I pleaded guilty, they'd waive the court costs, saving me about a hundred dollars. I said no. When my case was called up, they declined to prosecute. The case was dismissed. I wasn't guilty, they knew I wasn't guilty, and they still tried to stick me with the ticket.

This is a tiny, tiny incident compared to Mr. West's, and I only tell it as an example of prosecutorial behavior. Sheldon J. Sperling's office is trying to get out from under a bad case. Mr. West should expect more pressure to plead out in the days before the grand jury convenes.

Should Mr. West testify at the grand jury hearing? If it were me, I'd do it. Here's why.

The offer of a plea in Sheldon J. Sperling's letter is a standard tactic of prosecutors with a weak case. It might seem like a quick-fix now, since there's no jail time and no penalty, but such a conviction might damage his employment opportunities in the future.

He should look around for a cheaper lawyer, they do exist. But if he can't find one, the $10,000 is a good investment in the future. Only if he's feeling very, very brave and confident should he go without the lawyer.

If the facts are as he stated, there's a good likelihood that the grand jury won't hand down an indictment. This is sometimes hard to tell, since a few grand juries are led by the nose, while others are independent of the prosecutor. In an ordinary case, the defendant's appearance might hurt the chances of its dismissal. The prosecutor might use the opportunity to put on a show, browbeating him into looking guilty. On the other hand, this is about a technical subject. Mr. West has the advantage over the prosecutor. If he thinks he can easily and simply explain the technology and his actions without getting rattled by the prosecutor, he should go. I would.

Mr. West, if he thinks he's able, can derail this process at the start, avoiding thousands of dollars in legal fees and a year or two of worry. Me, I'd go for it.

Re:What West should do

[mikethegeek]

I completely agree with you. Back in the barbaric regions of Eastern Kentucky, where I lived all my life until recently (relocated to Raleigh, NC), prosecutors and courts do a similar thing...

Anyone who knows East Ky, knows that most of the state's "real" cash crop (pot) is grown there. Which means the courts are a revolving door of minor drug offenders. To keep up the facade that they are "winning" the "drug war", a corrupt system exists, a collusion between judge, prosecutor, and public defender. They basically arrest someone, throw them in jail, hold them there for 15, 30, 60, 90, whatever days, give them a hearing and let them go on "time served" if they plead guilty to whatever manufactured charge that is presented... 90%+ of people get this treatment, and accept the offer (who wouldn't, after all, you are being offered freedom).

Few cases actually GET prosecuted (ie, a trial), but all those "plea bargains" count as "sucessful prosecutions" and makes the corrupt judge and prosecutors look good. No one ever challenges this system because you can't get a local lawyer to represent you against the judge/prosecutors, and they are always careful to only pick on those who can't AFFORD to get an "outside" lawyer who will provide an adequate defense.

This situation reminds me of the corruption back home, that I've personally witnessed, though this is at a mugh higher level (FBI and federal court) than at the county level. Basically, given that they've already offered to let him off with a slap on the wrist, is PROOF that they can't hope to possibly win the case in a trial, that they want him to sign off as "guilty" to something so that they can declare yet another "victory" against EEVIL hackers.

I hope that West has a good attorney. I'm an EFF member, and would be happy to help contribute whatever I can (not much, unfortunately) to his defense. Cases like this are all the more proof that we techies NEED to form some sort of association. Collectively, we CAN make a difference and defend ourselves as a class by pulling together.

jenna and the gnomes say:

[Anonymous Coward]

report it anonymously...

Title 18 Section 1030

[vulg4r_m0nk]

For anyone interested in reading the law under which the prosecutor is planning to charge this guy, it is here

If the details of the story are correct, there's no way the DOJ can win this case, as all of the provisions under the law have to with intent to defraud or demonstrable harm having occurred. But, as others have pointed out, the details are little sketchy.

I'm sorry.. but the analogy isn't quite accurate.

[mindstrm]

It's just NOT the same thing.
Should I modify your computer? Heck no.... I shoudln't, you are absolutely correct about that.
However, simply trying to connect to \\blahblah\c and having it work is hardly 'breaking in'.

No, I woudln't break into someone's house just for fun. But, let's say I was walking down the street, and I saw a shopkeeper locking up for hte night, but noticed he didn't shut the door. I'm going to be a GOOD citizen, walk over, see if it's just my imagination, or if the door is actually open, and if it IS open, I'm going to go TELL hima bout it. I don't expect to be prosecuted for breaking and entering or trespassing; I expect to be told 'thank you'.

He never read Slashdot

[WildBeast]

I think that Brian never read slashdot, otherwise he would have learned from previous articles that he shouldn't do something like that.
Be nice and you'll go to Jail for free, I mean what more can you ask for?

The worst part

[Anonymous Coward]

Well this article bothered me until I realized that I AM PAYING FOR THIS!! If the FBI guy working on this had been fired a few months ago, the whole country would have gotten an extra $0.000002 on their rebate checks. (Probably less than that.) My letter to the guy at the bottom of the article simply said "Stop wasting my money." After, of course, referring to the case.

This is a standard FBI tactic.

[El Camino SS]

Then to avoid prosecution or commute his sentence they will have a forced participant in their system when some big problem that they can't solve pops up. Book 'em, then use them, then throw their life away. It happens on the Sopranos, and in real life only differently. Once they have you as someone that has done something wrong, even in the slightest, you're screwed.

Turning in your friends is a common, everyday, police tactic that is used constantly in all departments.

Re:This is a standard FBI tactic.

[J'raxis]

Actually, what youre describing has happened to a hacker before, and there was a story on Slashdot a while ago (damn search is busted right now) about it: he got caught by the FBI and went to work for them for quite some time. Finally he decided to talk to a lawyer before doing another job for them, and they turn around and prosecute him then.

no good samaritan anymore

[Roadmaster]

OK take this as a lesson, next time you find a security hole, to hell with being a nice person and alerting the victims. Just do as much damage as you can and take anything you can. I mean, if you're gonna get caught anyway, why not at least have a good reason to get caught.

Sadly, it looks like a good policy to follow these days is to NOT help people until they come begging for your help, and then, charge them handsomely for it.

Whoo-Hooo!! Shut up!!!

[El Camino SS]

Strangely, though, unklike most other countries, you can have a choice on your occupation, and you have decent property laws, and you can carry a weapon for self-defense if you want to, and you can move out if you're a pinko that has no idea how good the USA really is.

Re:Whoo-Hooo!! Shut up!!!

[kuiken]

well if you dont include Europe, and some other small meaning less parts like say, Japan Australia .. Canada, guess you are right,
And for the gun part Hey ever wonderd why some wako 16 year old in europe goes to school with a couple of guns and blows his class apart ? Its not because we dont play Quake, its because we dont have guns in all our houses !

Re:Whoo-Hooo!! Shut up!!!

[Ziwdam]

What about Switzerland? I believe there are a number of European countries that are more "free" about guns than the US is.

I'm getting kind of disgusted with this idea that the US is a great country because we have all of these freedoms that supposedly no other countries recognize, or at least that very few other countries recognize.

First, there are other countries that are just as free as the US is, especially when you take into account the US's human rights record, and its history as an aggressor (remember Guatemala, Nicaragua, Iran...?).

Second, why do some people think that criticizing the US is equal to saying that its the worst country that ever existed? When I criticize the US the point is that it (we) could improve. I realize that the original poster seemed to be saying that the US was not really free, but that does not mean that the US is not freer than other countries... what constitutes free? Look at BSD v. GPL... (OK, so this is kind of tenuous, but some people see BSD as free and some people see GPL as free... I don't think I'm making sense.)

Anyway, it's nice to live in the US, but I really don't think we're a free country, mainly because I don't see all of our rights being recognized and protected. The point is that the US can be improved -- hopefully in a way that is agreeable to most people.

Intent is almost everything in court

[gad_zuki!]

Obviously, the more the government wants to crack down on "hackers" the more protections people who spot security holes and such need. This reminds me of First Aid protection people get, in an emergency you can apply first aid and you cannot be sued for screwing it up.

It would be nice if someone wrote up a bill giving those who report flaws the same protections.

Lesson

[jonestor]

So the lesson we learned here is to send security warnings like that through anonymous E-mail.

Re:Lesson

[Legion303]

No, the lesson we learned here is to keep our mouths shut and let the black hats move in for the kill.

Is it just me, or does West look like Bruce McCollough (sp?) in that photo?

-Legion

An Analogy

[Anonymous Coward]

A clip from my e-mail to the DOJ:

To make an analogy- if I walked by your car in a mall parking lot and noticed that the manual lock button for the door made it look as if your car perhaps was unlocked. Then just to make sure I opened your car door. I do not take anything from your car, I just note the security problem and close the door. It was more than likely that you did not intent to leave such a hole in your personal security to allow theft of your car or the valuables inside. Then I flag you down and tell you that you should lock your car. You would probably be greatful that I helped you protect your property. If the same rules that are being applied to Mr. West applied here I would be charged with Grand Theft Auto.

Re:An Analogy

[J'raxis]

No, you wouldnt. But I could see the owner of the car possibly having you charged you with attempted theft, or illegal entry.

Oh, come on

[Anonymous Coward]

This is the FBI we're talking about here -- the same agency that burned over a hundred men, women, and children to a crisp in Waco as a PR stunt.


Their tactics here reminds me of similar tactics they used to arrest another geek I know, Mike Scott, on trumped-up charges. They contacted him under false pretenses for a job interview, and when he showed up at their office they arrested him. He's been in a federal prison for about two years now, waiting for his hearing, despite its being obvious to all that he doesn't belong in prison.


Even when he gets out, it's going to take him a while to recoup his losses -- the FBI stole his vehicle, his firearms, his computers, and some other stuff, and realistically he won't be getting any of it back. Fortunately he's a real whiz of a molecular engineer, so finding a high-paying job probably won't be any problem. (In fact, it was because the company he worked for refused to pony up over half a million dollars in royalties for the profits they made off his patented technology that they sicced the FBI on him in the first place.)


-- Guges --

Re:Oh, come on

[emmons]

Who exactly is this Mike Scott guy? Limkage, plese.

'norms'?

[delmoi]

This guy didn't violate any norms of society, although some people think that hey may have violated some laws. Norms are things that most people believe (ie kiddy porn is bad, don't steal, go to highschool, etc.), and laws are specific documents listing actions that you must or must not do according to the government.

He most certanly didn't violate any norms.

More involved.

[Anonymous Coward]

The local newspaper claimed that the competitors ISP had logs with hundreds of attempts at known security vulnerabilities.

If this is the case, he's really just getting what he deserves, if this is not the case, the competitors ISP should be sued for defamation/slander.

Re:More involved.

[Anonymous Coward]

They didn't claim there were hundreds of attempts at known security vulnerabilities, they said that his hostname was in the log file hundreds of times. Anyone who knows how webserver log files works knows that one access to one page on a website could generate dozens of entries in a logfile.

Re:For all you know

[Anonymous Coward]

yes he did.. cwis internet.. I suspend it would be cwis.net

So Sick of the US of A

[MasterOfDisaster]

It's things like this, the DMCA and other such horse shit that make me hate living in the US.
I'm really starting to think about moving somewhere else. Can anyone name some places where such nonsence isnt happening? English speaking, 1st world countries prefered.

Just Don't Look

[Ms.Taken]

From a NY Times article, http://www.nytimes.com/2001/08/19/technology/19WIR E.html, about a man who inadvertantly 'cracked' a hospital 's wireless network:

On the other hand, he also knew that with "sniffer" software that he uses to analyze computer networks, he could monitor every message and file passing through the hospital's wireless system, presumably including sensitive patient data entered by nurses via the wireless-equipped laptops they carried from room to room.

"Fortunately, I'm married to a lawyer, who advised me against looking," he said.

I think the moral here, is not, as some cynics have suggested, "If you find a security hole, don't report it", but "If you find a security, don't 'test' it".

Federal Agencies Go Hog Wild?

[dabooda]

Here in Australia the reputation of the U.S. FBI is formed solely through movies and television. So you can understand how someone like myself (who lives in Queensland, Australia) has the impression that the FBI like to barge into places and get convictions.

This story has made me think "maybe the FBI are all crazy ..."

"Oh, you think your innocent of the charges? Well, that can be decided in court... welcome to the concept of innocent until proven guilty".

I'm sure that the federal officers involved in this situation were thinking "if this guy didn't really hack, but honestly found this misconfiguration by mistake, his attorney will argue it in court and he'll walk".

FAIR ENOUGH? Simply inditing someone doesn't mean their definately going to jail, but they get inconvienced to the max. $10K to prove you're innocent? More than a year of your life filled with stress, wondering if you are going to spend a few more years under probation or even jail?

I'm sorry, but that is crap. Just because these feds didn't know jack about the situation (I can only conclude that the didn't fully understand the situation as anyone that does understand the problem wouldn't want this guy prosectuted) this good samaritan goes down.

And no, I am not anti-American. Federal law enforcement in Australia isn't too far behind. Prosecution hungry feds like to run amuck here too.

South East Oklahoma

[Anonymous Coward]

Ok, being from Oklahoma myself, I can say that the southeast part of the state is.. well... just a bit backwards.. Still very racist and mostly scared of anything resembling tech.

If the FBI agents are from that area, they probably can't even tell you the difference between the computer and the hard drive much less what the heck "cracking" is.

I've reported it to the news agencies here in Oklahoma City. Hopefully sheading a little light on the matter and making it more public will humiliate the agency into dropping charges.

insightful analogy

[Anonymous Coward]

Is entry through an unlocked door illegal? I can't tell you the number of times I've opened unlocked doors to stick my head in and yell. Only for people with big back yards on days they are likely to be in them or watching TV in the basement or upstairs, though.

A correct analogy would be putting a note in the mailbox, which I might have done, if I was carrying a notepad. Tampering with postal equipment is a serious offense, so please just sign me,

Federal Felon

Re:insightful analogy

[Syberghost]

Is entry through an unlocked door illegal?

Yes. Were you not aware of that?
BTW, good luck to you in the case where the homeowner says his door was locked, and you say it wasn't. The fact that you illegally entered the house will be enough to convince a jury that you picked the lock.

Welcome to the Police States of America

[Maul]

Seems that "entrapment" can pass for "due process" nowadays. Our rights were fun while they lasted.

Good think I live in Canada

[Anonymous Coward]

I have this little script that was linked from /. a few days ago (dasbistro.com) with a Code Red infection detection that emails a supposed-to-be-concerned person about it.

After all those emails sent, I would probably be sentenced to death if I were to live in Texas.

Give me a C.

[Apuleius]

Mea culpa. Me go get coffee now.

Everbody wins

[Anonymous Coward]

the person who responded before on this subject was not aware of the fact that this man does win by takeing a felony plea in the short term.

it seems as if fm6 is saying this from the eyes of the prosecution/government, and he is totally right. The law is the most screwed up complex system there is .. worse than MS WIN 95.

Seriously. In my expierience with the law, ( I was young and had a very fast car) I have found that telling the truth, even if it is something that is right, and honestly intended, will get no where.

The best thing to do is to plead not guilty, and claim that the did this on a mock up machine, using the same configurations.

It sucks, because it weighs on your concience swearing on the bible, and flat out lying. However look at the options. Who wants to pay with thier freedom (financial, spiritual, or physical) With spiritual, there is a possibility of forgiveness.

or look for a lawyer who reads slashdot, and is willing to do this case with payment if found not guilty.

I wish hime the best of luck.

Simply unbelievable.

[flacco]

I don't have anything constructive to add - just that I'm shocked by this. How could anyone possibly construe this to be a crime?

Every day I grow more disgusted.

Re:Simply unbelievable.

[flacco]

OK, I'm replying to my own post (note to self - read the whole fucken thing before you post).

I didn't see the bank records thing - that kind of puts a different light on things.

Still not sure where I stand on this - it seems like he was a clumsy good samaritan, at worst - but one thing is clear: LinuxFreak is GUILTY of misleading its readers.

OT - Re:Not the whole story...

[Anonymous Coward]

(/me believes there is something seriously wrong with SlashcodeXP and its handling of HTML)

As tempted as you may be, there is nothing grammatically incorrect with "The quote in quotes...", it just sounds funny.

As for my original reply - For your benefit, so you can finally see how flawed the logic in your original post was, this is how it shows up in either of my browsers and how it is marked-up in HTML...

[italics on - your words]
Next you'll be telling me that accessing /etc/passwd constitutes a cracking attempt!
[italics off]

[my words]

Don't be stupid, use an analogy that makes sense.

"Next, you'll be telling me that accessing /etc/passwd, then taking one of the username/passwords and testing it on the system as a login constitutes a cracking attempt."

Care to re-think your argument?

[italics on - your words]
Let's adopt the same philosophy the FBI and the prosecutors have - if we are wrong about this one, they are guilty ten other times that we can't prove.
[italics off]

[my words]

Err... paranoia anyone?

why isn't this article a yro?

[iMacGuy]

It's definitly more of one than the article below it..

You were warned...

[Sanat]

Several months ago this (or an exact situation like it) was an "ask slashdot" entry and many slashdotters said NOT to notify the company nor the competitor.

If I recall correctly the situation was that you lost a contract to a competitor, the competitor did a marginal job, and left the site open. It appeared to most slashdotters that your pursuing this was sour grapes in an attempt to win back the client and make your competitor look bad.

Telling the client was like telling a mother that her baby is ugly. In essense he made an ugly choice.

Over and over the advise was not to even go to the site and definitely not to notify anyone because of this very thing.

Oh what the ego can do to us. A site lost to competition is a poison site.

Even an innocent visit to a poison site may not be defendable if the site is cracked later and your addresses are found in their logs.

Life is about choice. You chose a most difficult board postion and I wish you well in the end-game.

Sanat

-5 RETARDED

[mosch]

I can't fucking believe this karma whore worked. I mean really, you're fucking retarded... you didn't read the article or find facts... you made a (false) insinuation based on nothing.

slashdot needs killfiles.

re: REALITY 101

[Anonymous Coward]

I am glad that you are watching your post, and replying to the comments. This makes messageboards like slashdot a true place for wonderful freedom of conversational speech.

I happen to agree with you that people shouldn't be going In. An e-mail to me notifying me of my problems and appropriate fix would be the way I would want it too. If someone patched my system and I never knew it (or not for 25 years..... maybe) we that is ok too, when the fix involves something as simple as the "turning of the headlights" example. What is important is that if the car (computer) is locked (I.E. requiring more than a quick patch from software manufacturer/ organization, or more than 1 line of code), that the person who notices them find a way to alert the owner of the car (computer)

Don't they have better things to do?

[Tablizer]

>> I agree. Though there is probably some amount of overreacting on the government's side, trespassing physically or digitally typically is illegal, regardless of intent. <<

I remember a quote once from a fed spokesperson saying that the gov does not have enuf resources to go after much except the largest of crimes.

If this is the "largest of crimes" on their to-do list, then the world must be a pretty safe place.

Double Jeopardy

[small_dick]

Ha, this person has never been charged, so he has never gone to court -- let alone had a "not guilty" verdict.

It's pretty hard to have any jeopardy of any kind until those three things happen -- charged, court, not guilty.

The prosecutor is standing in front of a mic, and talking out of his cake hole.

The prosecutor knows two things :

One, computer crime gets in the news. That means he gets his picture in the paper -- great for that DA job he'd like to settle into after a few more years. Bragging rights for his offspring, if nothing else.

Two, they have a weak case, and anything they can do to get the kid to cop a plea lets them mark it down in the books as "solved". Every "solved" case increases funding and gets him a better shot at juicy DA position.

This is all so predictable. Please see my other posts about when to cooperate with law enforcement, and when to stop and shut your mouth!

Quick recap :

1) In America, we have free speech. The police, the detectives, yourself. There are things any of you can say, within bounds, at different points in the process. Without charges, the police can play pretty fast and loose with their statements.

2) One you have been read your rights NEVER speak to anyone about the case without your attorney present!

3) Once charged, you have a right to have an attorney present during questioning, representing you. If you cannot afford one, one will be provided. It's the law.

Help the police, they catch the bad guys. But once they start looking at you, shut up and stay cool -- you are up against trained pros.

Remember, when a lawyer gets charged with a crime, they shut up and get a lawyer! When a police officer gets charged with a crime, same thing! That should tell you volumes about how the system works.

My gut feeling? Our boy here is not being totally honest about his activities. He has an attorney, but he has not been charged. I wonder why? He could be sniffing at a defamation lawsuit, his attorney may be asking questions, requesting records. The FBI, newspaper, and DAs office might be mounting a counterstrike to scare them off.

The more I think about it, I keep wondering : why has this guy hired an attorney, when he hasn't been charged with a crime?

Re:Double Jeopardy

[Anonymous Coward]

WIth the new system where I am alerted to replies it just blows my mind how often late replies come in and are trollish as ever

Anonyous good samaritan

[Eric Green]

Mixmaster anonymous remailer network (sigh). It's a shame that you can do right in the United States only by remaining anonymous.

Randall Schwartz

[Eric Green]

Perl god. Ex-con, for the crime of making Intel's "security" guys look like morons. The paper he was writing detailing the security flaws in their network was one of the main pieces of evidence used against him in the trial.

Still Vulnerable?

[msodfjsalfhlskdhf]

Anyone with a copy of frontpage and a large set of balls attempt to do what West did to the paper's site? I think that it's completely possible that the daft sysadmin at his competition still haven't fixed the hole...

Everything would be for purely informational purposes, of course...;)

Re:Still Vulnerable?

[Anonymous Coward]

I think the original problem is now finally fixed, but it was several months after they were notified before it was fixed.

Now we see an ugly turn in the witch hunt.

[Anonymous Coward]

Now anyone can become a cracker just by clicking edit on the wrong page. Lets burn this one shall we? Or maybe press him until he admits he is a evil cracker! Then again we could always go with the standard hold em in jail till he admits his obvious guilt! You are all dirty criminals, just because you have a computer and know how to use a simple UI, and all you programmers, expecially the open source community, will burn at the stake for your crime of goodwill!

So how many years do you think it will take to end this madness, and how will our children look upon this time. Surely it will be with shame...

Nexion

If you don't like the news, then change it.

[Anonymous Coward]

With news organizations like CNN slashing staff, the remaining staff may be too overworked & disgruntled to maintain security. Laid-off staff may have passwords and know the system inside and out. Those who control the media are tight with money, and info security is not a profit center like advertising sales. But on a news web site, leaving it unprotected means anyone can create their own headlines!

Local:
"Mishap at Water Treatment Plant poisons city water supply, tap water now flammable, shut off all water valves!"

Election '01:
* Candidiate for Mayor Observed Molesting Boy Scouts
* Police Chief says "No more black crime", ordered 100 ropes, having them attached to lampposts by Dept of Public Works.

Business:
"New Company Releases New Product, Stock Prices Shooting Up, Wall Street Analysts say 'Buy Now'"

Or just randomly deface the pages:
"All Your Base Are Belong To Us!"
"LIMP BISKIT F&*&IN RULES!!!!!!!"

Or actual stories may be modified in ways not apparent. A city council meeting is reported "cancelled" and less people show up.

People running for public office occasionally overstep the bounds of the law. Possible this would include modifying a news website just prior to election? Possible an elected offical would know how to contact someone with the skills to do so and pay them to do it anonymously and untraceably?

When reading the news on a web site, can no longer assume it was not modified without the news organizations knowledge. In fact a news URL may be as bogus as a chain letter. When a security breach is publicized some readers may lose faith in that website and try the competition's web site.

Do newspapers firewall their web servers from the machines the stories are composed on? If not it is possible the content of the PRINT edition could be messed with. And whatever is printed in the paper it must be true.

God Complex

[pwileyii]

This seems to be a case of the God complex. I have known people who, when their mistakes are brought to there attention by someone, think that the person is targeting them and, thus, they must be brought down. I am guessing this is the type of guy he was dealing with when he mentioned the security flaw.

Seems like a better why of bringing up the security problem is to post it all over IRC and have other people post porn on the website. They'll understand the security flaw and look stupid, just like they should. :)

Finally Rule 285 can be applied to something

[Anonymous Coward]

Ferengi Rule of Acquisition 285:
No good deed goes unpunished.

old news... this happens all the time

[Anonymous Coward]

Old news...

Stuff like this happens all the time... it just does not make it to slashdot or the mainstream media since in most cases doing so can harm the "defense"... [a prosecutor /DA is more likely to go with filing the case if it gets public attention]

One case that I know of happened in 1997 to a student that went to the same school that I did [www.wtamu.edu] (he worked in the computer labs, and was a dorm computer assistant at the dorm I was in).

He was charged with breach of computer security (which he still denies to this day; case was dismissed, but he is still banned from the campus) when a local ISP [www.arn.net] had some web pages defaced.

Turns out that someone used a security hole at the university to break into the ISP.

Unfortunately for him, it was one of the same holes that he had told both the university and the ISP about before they were used. (he knew the admins of the ISP, and he used to work for the computer labs at the university).

The isp and the university had to find a scapegoat for their troubles... and he had unwittingly provided them with enough information for them to blame him for it...

so... the lesson learned by him and others at the university? Dont show your talent or else it CAN and WILL be used against you....

FBI's no better than other polices

[Ektanoor]

The way the article is written tends me to see it as a genuine story because it is a mirror image of hundreds of such similar stories.

The article shows something very familiar that can be seen among many enforcement and security services around the world. No it is not computer "ignorance". It is using your badge and position to show how important you are and to get some extra premium for "excellent service". You live in some peripherial corner of some megapolis or in some lost land of techocivilization. And you get a case near the edge of the law. So a little bit of grease and things slip to the place where you become sound and famous. And maybe you get a chance to quit this greasy and smoky neighborhood and get a seat in some shiny office at 30th floor.

Here we can see that FBI officers are as human as their colleagues in other places of the world...

uhm .. they even have their facts wrong

[P|-|ant0m]

I read through the pdfs on the linked site there, and if they are legit .. sounds like someone is .. well full of shit .. I don't know .. but the way I look at it if they are wrong on a fundamental issue like this (quote follows).

---
[...] different attempted actions on the host computer including "GET" requests indicating that a file has been requested for download, or "POST" requests where a file has been provided for uploadto the webpage. Generall, the webpage administrator is the only person who would attempt to "POST" files to the web page.
---

i know my HTTP protocol enough to know that get and post are essentialy the same .. and both serve the purpose of fetching a page, and just as I will click the "Submit" button on this reply I will attempt a "POST" request on slashdot. Oh no I'm trying to hack slashdot, coz I'm not the admin .. bah .. my point is made .. what's up with that? they really should get their facts straight.

Dee Em See Ay

[Frodo]

Sure, oh yes. Site's content is obviously a copyrighted material, and site's defences are to protect this material. Which makes Microsoft a company that produces technology and tools to circumvent the copyright protection. I'm holding my breath to see Ballmer arrested by FBI agents next time he goes out of Microsoft headquarters.

Somday, there will be a revolt

[Anonymous Coward]

Someday, when everybody finally gets fed up with how OUR goverment, of which WE allowed to expand uncontrollably beyond their britches.

Will revolt, making the civil war, look like a backyard barbeque.

I hope they closed *any* security holes by now

[gotan]

Because any script-kiddy reading that article will probably get a hard-on, hacking in there. And they probably won't give a call in advance or leave their address and office hours with the FBI. Well, if i found a security hole on their site i sure as hell wouldn't inform anyone about it, and surely not them.

I really hope their zero-tolerance-policy blows up in their face and leaves them with the shit they deserve, so they serve as a bad example. With their action they only scare law-abiding folks from reporting security-holes to them, but no crackers who stand on the wrong side of the law anyway.

Helping others?

[fgp]

Wow - the american government seems to do everything possible to stop people helping each other.
It's forbidden to point out security flaws in commercial software (adobe!!)

It's forbidden to check software you _buy_ for security flaws, even when not telling anybody

It's forbidden to tell someone that they have a problem (or at least you shouldn't do it because you could go to jail for it).

I always though RMS and the FSF are taking it too far with their political opinion.

But are more and more things like this happen, I am more and more convinced that they are totally right. It's a moral obligation to help others, and anything that try to stop this, being the DMCA, other silly laws, or propritary software is just plain WRONG.

I live in austria, and things aren't this bad here, but they will certainly get worse.

Re:-1 default is gone?

[Anonymous Coward]

Obviously you were reading them, as I was too. I love the trolls. Slashdot would not be the same without them.

Just goes to prove ...

[really?]

...no good deed goes unpunished.

Or, as my grandfather, God bless his soul, used to say, "facerea de bine, e futere de mama" ...

With all due respect to my American friends...

[Anonymous Coward]

...I haven't been to the U.S. of A. in years, and with the DCMA in effect, I'm not coming back until democracy is restored.

Re:I love Katy!

[Anonymous Coward]

I have the same exact thing in a porn file I downloaded from Filetopia(www.filetopia.com) just the other day. Quite a turn on really. The filename is "~mx~Sylvia Saint (Bathroom Threesome)(1).mpg" if anyone is interested in downloading it.

Your late, loser!!

[Anonymous Coward]

I believe you are very, very late. First post no longer exists! In fact, you are post number #2172368. Which as even dopey old you can see, is in no shape or form even close to #1.

Thankyou. Please come again. And don't forget the towel or dunny paper to wipe up the sticky mess.

Stream of conciousness posts are fun. We should try this again sometime. And yes, there is more than one of me, or at least that is what the scales tell me. Gotta love talking scales. At least I know I have a friend if I need one. Which I do.

Good day, good night, and good wank to you.

A slashdot bug.

[Anonymous Coward]

I believe you just found a bug in slashdot. You can put goatsex links in your sig and it won't put [somesite.org] following it. How long until the trolls register accounts just to exploit this effect??

The Real Lesson

[crumudgin]

Don't tell it - Sell It.

The Real Lesson here is. Don't do a good deed. Turn a good profit. Their competition would love to pay for information about security holes.

You got to love Gov. that encourages industrial espionage.

Email the Governor (addy here)

[jcrash]

Let old Frank know how you feel: governor@gov.state.ok.us

Grand Jury date: September 5

[Fencepost]

For the folks saying that he hasn't been charged, that's true.

However, he has the text of a letter received from the US Attorney for the Eastern District of Oklahoma stating that

[...]
1. The grand jury for the Easter District of Oklahoma is conducting an investigation of possible violations of Federal Criminal Law involving a violation of Title 18, United States Code, Section 1030, and other violations. You are the target of this investigation.
[...]

So, they're presumably slightly beyond the "fishing for an admission" stage. I suspect that having an attorney really would be a good idea for him.

Re:Contact Wally Burchett and the Poteau Daily New

[Anonymous Coward]

It's not his fault you're too stupid to look at the bottom of the screen before you click on a link. (Which reminds me -- what is all this shit about "for the goat.se fearful" that leads people to write out the link? What browser are people using that DOESN'T show the link when your mouse pointer is over it?)

What the hell is the deal with all of these idioti

[delmoi]

What the hell is the deal with all of these idiotic analogies? I mean, come on. What happened is what happened, we should all be able to understand what happened without these preschool metaphors.

Just stop this right now.

Given the circumstances

[Anonymous Coward]

Threaten them anonymously. Ask them for a million dollars or something, see if the hole goes away.

Cop's Viewpoint on the Reason For This

[Anonymous Coward]

As a cop who read the article, it sounds like he did violate the law. It said that he tested the security holes to make sure they were there. Well under federal law and most state laws unauthorized access to a system is a crime. So despite his good will, he did technically commit a violation.

Should this be prosecuted? I dont have enough information to say. Is the prosecutor charging the right statute? I have no idea.

As someone else mentioned, why didn't he contact the website host or the the sysadmin before going plunking around in their system (even with good intentions)? I am not saying this should be charged, just trying to interject a law enforcement perspective about the law. Because the law is about accessing something you aren't supposed to/that you don't have authorization to (in most laws of this type) and not about your inention while doing (for computer crime typically)

Frontpage

[Anonymous Coward]

So this makes frontpage illegal h4x0r tools?

Actually, no, it doesn't.

[mindstrm]

If you are flying from say, Heathrow to Mexico City, connecting in Toronto (I made that up), standard practice is that you do not have to go through canadian customs & immigration in Toronto, because you are not actually entering Canada officially; you are simply catching a connecting flight.

On my trip from Amsterdam to Costa Rica, connecting in Newark, they made us collect our luggage, go through customs & immigration, and then hand our luggage back in.

Normally, an airport simply keeps you in a secure area between connecting flights if they are not domestic.

Well..

[mindstrm]

You seem to think I'm whining about Customs & Immigration because it's 'annoying' or something.

Dude, let me tell you. If I'm travelling to the United States, then I fully expect to obey their laws and go through customs & immigration, etc etc.

But when I'm flying to central america, and my flight just happens to connect in Newark, and I'm not told until the last minute that I have to go through US Customs (which is NOT normal for a connecting international flight).. that disturbs me, because I may be carrying things in my baggage that I am not allowed to bring into theUS (But are perfectly legal where I came from and where I am going), or (though it's not the case at this point) I may for some reason not be permitted entry into the US.

And you are just the type who says 'You don't like it in the US? Look at countries with REAL problems'. Yep. Let me tell you.. if the US continues to erode it's people's freedoms as it has been, you will end up the same way.

Survey says: BZZZT!

[Anonymous Coward]

If a man walks into my house, uninvited, and knowing that he was uninvited, he has just burgaled my house, whether he intended to or not. Even if he had reason to believe there was an emergency or whatever. emphasis added

Merriam-Webster (addmittedly not a Law dictionary) disagrees with you:

burgle: transitive verb, back-formation from burglar

burglar: noun, one who commits burglary

burglary: noun, the act of breaking and entering a dwelling at night to commit a felony (as theft); broadly : the entering of a building with the intent to commit a crime emphasis added

Try "trespass", it's closer to your meaning:

trespass: noun, 1 a : a violation of moral or social ethics : TRANSGRESSION; especially : SIN b : an unwarranted infringement 2 a : an unlawful act committed on the person, property, or rights of another; especially : a wrongful entry on real property b : the legal action for injuries resulting from trespass emphasis added

In Wisconsin, at least, the maximum penalty for trespassing is a $1,000 fine. If you are a lawyer, figure out for yourself if that qualifies as being a felony or not; it's not worth my time.

Meanwhile, I've done web design and his initial trespass, which you assert was "obviously a felony", probably happened even before he realised that there was a problem. It's pretty standard practice to download the page you're going to add content to (he was under contract to make a banner ad to place on the site), especially if you don't have access to the server it's on. And if he hit "save" instead of "save as", Front Page probably saved it to the web server before he even realised that anything was going wrong. This happened to my team at work when we released an application for our users (who all do web design themselves) and they inadvertently started editing our asp pages that were only supposed to be web forms...

According to your post, at the point he hit save he'd already committed a felony and should be convicted by any right-thinking jury. Perhaps he went to far in uncovering the problem, perhaps he contacted the wrong people, but at LEAST argue it on a decent basis. Please.

Responsibility;Contacting PDNS and its advertisers

[billstewart]

If this case is to be prosecuted, it's because the PDNS are asking the police to do so and cooperating with them in the prosecution - it's not like the DMCA cases where a company can make an accusation and the Feds run with it even after the accuser backs off. The paper needs to understand the moral position they're in and do something about it. Among other things, that's a job for letters to the editor that really *are* to the editor...
Their advertisers ought to understand as well. The web page lists a Directory of them. Most of them aren't technical people; it's much better off to do a friendly "Hey, this guy tried to help out the paper you're advertising in and the publisher's gone ballistic and trying to get him jailed" rather than geekish flamage. Most of them don't have email addresses listed - most have snail-mail addresses, and while some have phone numbers, I'd advise against bothering them that way.

D'uh! He was trying to land an account

[Anonymous Coward]

By telling the customer that they'd hired complete fuckups, and that he knew how to fix it, and was capable.

-- Ender, Duke_of_URL

An awful lot like blaming the victim

[dido]

While I agree with you on most points, what you're saying sounds an awful lot like blaming the victim. "He shouldn't have gone down that dark alley last night, that's why he was mugged." "She should never have dressed so provocatively, that's why she was raped." "They should never have connected that system to the Internet, that's why they got hacked."

The problem is not really incompetent system administrators per se. Most of them know their own lack of knowledge and are happy to have their shortcomings pointed out to them so they can do something about it. It's incompetent system administrators who are bent on staying incompetent. It's these kinds of people who prosecute helpful souls who point out their incompetence. They shoot the messenger who points out to them their own failings and calls for them to do something about it.

the one plus coming from this

[Anonymous Coward]

would be the word getting out, "use frontpage, go to jail." It would be pretty darn easy to commit the felony of selecting edit from the menu by accident, so I just deleted frontpage from my HD so as to protect my ass, its safer just to use notepad from now on.

The Real Problem

[kko]

Stupid Sysadmin+Stupid Law Enforcement+Stupid Software=Brian West+Jail

Where do you want to go today? Certainly not jail...