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Should Virus Distribution be Illegal?

mccormi writes "In a guest editorial on Newarchitect Sarah Gordon looks at whether posting malicious code should be allowed and what steps could be taken to stop it. What's worrisome though is that restrictions on malicious code doesn't take into account who it's malicious against and what truly defines malicious." Note that she's not talking about actually infecting computers, but merely making the code available for others to examine (and for some of them, no doubt, to try to spread in the wild).

153 of 405 comments (clear)

  1. This could be bad... by NeoSkandranon · · Score: 5, Insightful

    Unless the law specified dstribution of *machine readable* malicious code (ie binaries) then MS et.al. could start nailing those who post proof-of-concept code to demonstrate the flavor of the week exploit in IIS or WinxP or what have you...more security by obscurity, yippee

    --
    If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    1. Re:This could be bad... by bartyboy · · Score: 2
      MS et.al. could start nailing those who post proof-of-concept code

      It will be a while before MS et al. will have the authority to enforce laws. They're best they can do is press charges.

    2. Re:This could be bad... by HMC+CS+Major · · Score: 2, Insightful

      This sets a dangerous precedent.

      By outlawing the distribution / posting of software deemed "malicious", it becomes only a matter of time until someone attempts to apply it to security tools such as nmap, ethereal, and any/all proof of concept exploits.

      The distribution of "malicious" code should be regulated (or intentionally unregulated) much the same as file sharing should be: posting things for others should be legal ; using things for illegal and malicious acts should not .

      The problem, though, is the impossibility of catching everyone who uses a "malicious program" once it has been posted. Much like peer-to-peer file sharing, once something is online, it is difficult or impossible to contain. Hence, a paradox: legislators intelligently see that the only way to truly stop these nuisances is to stop it at the source, the single point of failure; unfortunately, this seems to violate fair use and free speech principles. The only way to stop these nuisances is to trample on protected principles.

      I, unfortunately, see no easy solution to this problem.

    3. Re:This could be bad... by gnovos · · Score: 3, Funny

      Unless the law specified dstribution of *machine readable* malicious code (ie binaries)

      Even better, I could write a compiler that takes the US Constitution as "source" and compiles it into a virus-like binary, and TADA, the Constitution is illegal to distribute!

      --
      "Your superior intellect is no match for our puny weapons!"
    4. Re:This could be bad... by cybermage · · Score: 5, Insightful

      the Constitution is illegal to distribute!

      And you think the People in Charge (tm) have a problem with that?

      Did you know that there is a company in Texas (I've forgotten their name) that has the copyright on a Standardized Municipal Code in use across the US and that they don't allow licensees (i.e., cities) to publish it. In many places, if you want to read your city's laws, you need to pay for a license or go down to city hall and read their copy. I swear I'm not making this up.

      Ignorance of the law is no excuse. That'll be $20 for your copy.

    5. Re:This could be bad... by tenman · · Score: 2

      While I will agree that a law like this would allow software manufacturers a new way to loom over users, what I fear more is the virus detection industry. If I am liable for the spead of a virus, then I had better buy a copy of some anti-virus software, and then pay the company what ever they charge to get the updates. As much as I fear Microsoft abusing the rules, I also fear companies like Computer Associates and Network Associates abusing customers directly because we are afraid of being sued.

    6. Re:This could be bad... by yintercept · · Score: 3, Funny

      the Constitution is illegal to distribute!

      The constitution, the idea of rule by law, christianity, buddhism, open source... are all viruses of the mind. The US founding fathers distributed the Declaration of Indepence around with the express malicious intent of throwing the Brits out on the arses.

      Come to think of i1t, the anti virus law itself is a piece of logic a lawyer designed and executed in the court system with the intent of getting back at the people who made their computer crash.

    7. Re:This could be bad... by HiThere · · Score: 2

      What makes you think they'll be liable when you catch a new virus? They didn't distribute it (did they?), and they didn't know about it in advance, or you sure can't prove that they did. So negligence is out.

      And you are the one distributing it. So they aren't liable there.

      P.S.: I nominate MS Windows XP as a piece of malicious software. I don't see how anyone could read the license and not agree.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    8. Re:This could be bad... by tenman · · Score: 2

      First, who are "they", and in what respect am I "you". I might see your point, but I can't make out for sure what point you have.

      If a law like this is passed, it could easily be abused. If someone gets a virus from you, and you did nothing to help prevent the virus from spreading, you are libal. You are responsable for thier loss, due to neglagence. If you don't believe the law works that way, tell me where your house is, we'll see what happens when a visitor falls and hurt himself on you property.

      Please respond to this, because I'm not sure what you are trying to say. Maybe your right.

    9. Re:This could be bad... by Shiny+Metal+S. · · Score: 2

      Unless the law specified dstribution of *machine readable* malicious code (ie binaries) then MS et.al. could start nailing those who post proof-of-concept code to demonstrate the flavor of the week exploit in IIS or WinxP or what have you...

      But they would never let this happen in the first place. Otherwise, they won't be able to distribute IIS or WinxP or what have you...

      --

      ~shiny
      WILL HACK FOR $$$

    10. Re:This could be bad... by jesser · · Score: 2

      Unless the law specified dstribution of *machine readable* malicious code (ie binaries)

      Internet Explorer may be full of security holes and an integral part of Microsoft's plan to maintain its operating system monopoly, but I wouldn't go as far as calling IE binaries "malicious code".

      --
      The shareholder is always right.
    11. Re:This could be bad... by satanami69 · · Score: 2

      Why not just make the compiler take any input and have it turn it into a virus. That way all speech would be illegal to use. Oh, the wonderful silence we would have. shhh....

      --
      I really hate Dan Patrick.
    12. Re:This could be bad... by kinkie · · Score: 2

      It would be a lawyer-fest. How long until some law firm pissed off for some reason (or looking for some quick cash) would start defining Windows "phoning home" malicious?
      Imagine this scenario:
      Computer: "You have waited more than 14 days to register Office XP. You will not be able to save any document anymore".
      Lawyer: "It's preventing me from doing my job, just like my last mail-virus. That code is malicious!"

      Oh, the irony... Unfortunately, it would become a battle of "My law firm is bigger than yours!"

      --
      /kinkie
  2. Hmm. by Renraku · · Score: 4, Funny

    I think it should be illegal to write and release viruses. Viruses should follow all standard software rules, which means, the maker could easily be sued for damages. And no, sending the virus with a EULA wouldn't protect the maker legally.

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    1. Re:Hmm. by 56ker · · Score: 3, Insightful

      What along the lines of

      If this virus causes you problems with your computer the author cannot be held legally responsible.

      Do you agree [Y/Yes]?

    2. Re:Hmm. by Slynkie · · Score: 5, Interesting

      Ugh.

      Code is -art-.

      When I was but a wee hacker, I used to LOVE reading virus source code. I would download all I could find (granted, at the time, it was from BBS', or sneaker-net), and let me tell ya, I learned much more from those virus' than I ever learned in any mainstream assembler class I've taken.

      And no, I -never- used the code for malicious purposes. It was just amazingly interesting to me.

      To make it illegal to write ANY type of code is just insane; and if you distribute it without disguising it as something else, what's the real problem??

    3. Re:Hmm. by dasmegabyte · · Score: 4, Insightful

      Really? Well, I got this virus the another night that was intentionally installed along with KaZaa. The virus watches every packet I send across the internet and reports it back to the hackers that control it.

      Some people call it "ad ware" or "annoyance ware," but since I didn't want it, it reduces the effectiveness of my PC, and I wasn't alerted to its presence, I consider it a virus.

      Can I sue the manufacturers for damages?

      --
      Hey freaks: now you're ju
    4. Re:Hmm. by Dephex+Twin · · Score: 2
      Code is -art-.

      Garbage is art. Landscapes are art. Campbell's soup cans are art. A broken stereo is art.

      My point is, anything can be art. That doesn't mean it MUST be allowed to be distributed.

      We're not talking about a film that portrays graphic violence, or erotic art, which may or may not "corrupt" children. Viruses directly do damage, and that's the difference.

      While we shouldn't go on a witch hunt to end virus code distribution, you can't just say "art" and make it untouchable.

      mark
      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    5. Re:Hmm. by Restil · · Score: 3, Insightful

      I know this was written somewhat in jest, but should the creator of the rm command be held liable because someone got careless with the -rf option?

      Some programs by design can, if used improperly, cause a great deal of damage. Certainly, someone using a program to delete files can't exactly claim ignorance if the program actually DELETES the files they told it to.

      So what if I download a program, and the eula specifically warns met that running the program will spread itself to 100 people and promptly wipe all accessible harddrives. That's what the program was SUPPOSED to do, and it specifically stated that in a document that by default almost nobody reads.

      Outlook, or any email program for that matter, has features that allow you to forward messages to other people. So when someone receives a message, if an executable attachment is automatically run (because the email program allows that function), a message pops up explaining that the user's computer "will now send 100 copies of the current message to anyone/everyone it can find, then wipe the disk, press ok to continue"... and the idiot user presses ok without ever reading the message, who's to blame here?

      Yes its a virus (or a worm if you would). Yes, its intent is malicious. But the user gave permission to execute it, just as if the user gave permission to erase his computer by using deltree /y \ instead.

      What's truely sad here, is a virus based on the previous model would probably spread just as well as your typical covert variety.

      -Restil

      --
      Play with my webcams and lights here
    6. Re:Hmm. by Slynkie · · Score: 3, Insightful

      Heh, that made me imagine some little 1337 H4X0R kid running around stabbing people with pieces of trash or empty soup cans.

      Anyways, my intent was not to end the discussion by simply calling it "art". My point was, there -are- some reasons that distribution of virus code (note, I -do- say code and not executables) should not be made illegal, beyond the problem of "what constitutes malicious code" and "free speech". Virus code is -interesting-.

      Beyond that though, I think this is very similar to the Anarchist's Cookbook argument...should writings detailing how to make bombs and other harmful objects be illegal to distribute? I certainly don't think so, it's way too much loss of freedom for an indeterminable amount of safety in my book. And we're possible talking real, physical harm to real people with that.

    7. Re:Hmm. by Dephex+Twin · · Score: 2
      Beyond that though, I think this is very similar to the Anarchist's Cookbook argument...should writings detailing how to make bombs and other harmful objects be illegal to distribute? I certainly don't think so, it's way too much loss of freedom for an indeterminable amount of safety in my book. And we're possible talking real, physical harm to real people with that.

      That's a good point, definitely, but I think it's still worse with computer viruses. The anarchist's cookbook is right on the line, and I'm not sure exactly where I stand on that. But I think there is still a difference, in that the book describes how to do these bad things, and the virus actually does these bad things.

      I don't doubt that virus code is interesting, and things can be learned from it. I could even see the actual propogation of a virus to be an artistic expression (like a "happening"). But there's sometimes things that are very interesting or cool that are still illegal, and being interesting or art is not enough reason by itself to allow it to be spread around.

      Maybe being a little too forgiving is better than making too much illegal, I don't know. It's definitely not a cut-and-dry thing. But I think it's a good approach to look at it similarly to bio-viruses.

      mark.
      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    8. Re:Hmm. by Dephex+Twin · · Score: 2
      Actually, virus source code is also just telling you how to do those things and will only do those things if you take extra measures to make it do them, eg: compilation and execution. Go ahead, try and convince windows or linux or -insert os here- to execute asm source without compilation.

      True, I suppose I did gloss over compiling. But it's still not the same as the book.

      Yes, the virus code is just instructions, but in order to get the virus going, you don't even have to understand those instructions, because they are for the computer. You just have to make the computer compile it. And everything you need is right there, as far as "assembling" the virus (except maybe you don't have the compiler already). In the anarchists cookbook, you have to understand how everything works, go out and buy (or steal or whatever) that stuff, and assemble it all together. And then it's a one shot deal (in the case of a bomb or something).

      But you are right, it isn't *only* the code that does the act.

      mark
      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    9. Re:Hmm. by jedidiah · · Score: 2

      It would be far more effective to disallow stupid users than it would be to disallow distribution of virus/worm sourcecode.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    10. Re:Hmm. by A_Non_Moose · · Score: 2

      I think it should be illegal to write and release viruses. Viruses should follow all standard software rules, which means, the maker could easily be sued for damages. And no, sending the virus with a EULA wouldn't protect the maker legally.

      Why not?

      After all it has worked for Microsoft for years now.

      (Forgive me: I just modded 5 ppl up and have to balance my karma by trolling a little).

      .

      --
      Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
    11. Re:Hmm. by epsalon · · Score: 2

      Directly does damage?!

      Machine/Source code is simply a list instructions and data. No more, no less. Code does not do damage directly more than a note that says "jump off a bridge", or a worm is like a note that says "tell your friends to do what this note says and then jump off a bridge".

      I don't see how instructions to do something harmful (either to the one who's executing them or to someone else) could be deemed illegal. It's just instructions for God's sake. If someone actually reads and performs these instructions it's HIS problem/responsibility. Same goes to running malicious code. If you are stupid enough to install KaZaA, then it's your problem.

      In the US, guns are legal for anyone, and these do direct damage. There is no reason to ban malicious code anymore there is to ban a note saying "kill yourself".

    12. Re:Hmm. by demaria · · Score: 2

      Code is not art. You're putting together smaller components, and need to do so correctly, to achieve some purpose. It's engineering.

    13. Re:Hmm. by Dephex+Twin · · Score: 2
      In the US, guns are legal for anyone, and these do direct damage.

      Very true... but then you probably don't want to know what I think about gun laws =) Also, don't forget, you need a background check to get a gun, which is along the lines of what I was thinking with virus code. (No debates on whether they do a good job with the gun bg checks.)
      There is no reason to ban malicious code anymore there is to ban a note saying "kill yourself".

      I disagree that those are the same situations. A note saying "kill yourself" is like an email saying "compile and send out a virus".

      Also, a virus is damage to others, not yourself (unless you are foolish enough to unleash it on yourself of course).

      I actually can't decide which way I go on the subject, I'm more being devil's advocate, because I feel like most people here think it should be allowed.

      mark
      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    14. Re:Hmm. by Slynkie · · Score: 2

      "Code is not art. You're putting together smaller components, and need to do so correctly, to achieve some purpose. It's engineering."

      By the same logic, you could say that music isn't an art, because you are putting together smaller components (single musical notes), and need to do so correctly (following certain rules of harmony, rhythm, etcetc), to achieve some purpose.

      I'm not a talented nor well-read musician, so the terminology might be off, but the analogy stands...and to me, at least, neither your contention nor my analogy are true.

      Guess it's just point-of-view..

    15. Re:Hmm. by Arker · · Score: 2

      I'm sure it's annoying, and it does qualify as a 'trojan horse' since you weren't alerted to its installation, but it's not a virus. Viruses are programs that replicate, that reproduce, however you want to phrase it.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    16. Re:Hmm. by epsalon · · Score: 2

      Poison could be a good analogy. Some poisons can be harmful to humans, but not to other creatures, and ofcourse many poisons have useful applications. I don't agree that posting a virus online is like miserpresenting a poision. I think it's more like selling cyanide (clearly marked) in a store. You could put it in someone's (or your own) drink, but it's your responibility. There's nothing wrong with selling hazardous materials, just as there's nothing wrong with publishing virus code.

    17. Re:Hmm. by Fat+Casper · · Score: 2
      Outlook seems designed for distributing virii. I'm all for banning it.

      --
      I spent a year in Iraq looking for WMD and all I found was this lousy sig.
  3. is spyware viral? by hobbitsage · · Score: 3, Interesting

    would spyware be included in the categorization? It could be argued that it is viral in intent if not propigation.

    1. Re:is spyware viral? by SirSlud · · Score: 2

      spyware is not malicious, although I'm not sure the same thing can be said about its creators ...

      --
      "Old man yells at systemd"
    2. Re:is spyware viral? by Stonehand · · Score: 2

      Hm? You're using the term 'viral' pretty broadly there, since propagation is a major part of the defintion...

      OTOH, it would be interesting if somebody managed to go after spyware on the basis that the user didn't explicitly authorize such behavior. However, that's a huge can of worms, because computer programs are so incredibly complicated that one could split hairs ad infinitum (e.g. "Please authorize the program to write saved game files. Please authorize it to read the disk to load files. Please authorize this registry key. Please authorize me to receive keystrokes." et al), much akin to the nastiness between MSFT and the gov't regarding what exactly constitutes a core part of an operating system -- that is, where the boundaries are.

      Perhaps specific legislation regarding the not-explicitly-authorized monitoring of a user's behavior outside of the program would help -- recording keystrokes clearly fed to the program would be fine, but poking around what the user does with other programs wouldn't be. That would be an incomplete approach, but it might be better than what the present situation is.

      --
      Only the dead have seen the end of war.
    3. Re:is spyware viral? by Happy+Monkey · · Score: 2

      Then neither is other virus software, since code has no emotions.

      --
      __
      Do ya feel happy-go-lucky, punk?
    4. Re:is spyware viral? by HiThere · · Score: 2

      On what basis do you assert that spyware is not malicious?

      It occupies ram, steals cpu cycles, steals bandwidth, etc.
      And it sends back unknown, possibly compromising information. (How secure is you credit card?)

      I see no basis fon not considering spyware to be both malicious and threatening. Of course, IANAL. A lawyer would probably be happy to argue either side of the case. But it would be interesting to try to guess which side he would take on a contingency basis.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  4. Well... by IronTek · · Score: 5, Insightful

    Though no one likes to get a virus, and I often wonder who writes them and for what reasons, I do believe that there probably is much information to be gained from their examination as far as system function goes. From a learning standpoint, those who write them, while having too much free time on their hands, are learning some hard-core programming concepts, as are those who fight them. For the casual programmer, taking a peek at their code every now and then can actually be beneficial. But, as always, it's the person that can make good code cause bad things and vice-versa. As always, it comes down to the person, not the code. The code itself should not be illegal. Knowledge cannot be locked up, and if it is, it can break free in a dangerous way. Better to have it out in the open where the "good guys" can combat it if needbe, and everyone can learn from it.

    1. Re:Well... by JordoCrouse · · Score: 2

      The Internet Worm of 1988 was cutting edge, if not for its technology, then certainly for its widespread damage and novelty:

      http://world.std.com/~franl/worm.html

      --
      Do you have Linux and a DotPal? Click here now!
    2. Re:Well... by WMNelis · · Score: 2, Funny

      Code doesn't kill, people do!

      --

      Sig free since 2/6/2002
  5. Of course not by jvbunte · · Score: 3, Insightful

    How is posting potentially harmful virus code any different than posting OS vulnerabilities and exploits? If this were to become law, how long would it take a certain OS manufacturer to extrapolate that same concept to cover all 'malicious' code fragments that could be used to target their OS?

    I don't like people who write viruses, I like getting them even less, however censoring the ability to post/review it is just another step in the slippery slope towards censorship of other things.

    --
    I think we'd all enjoy a nice cold beverage. -David Letterman
    1. Re:Of course not by geekoid · · Score: 2

      I don't like people who write viruses
      do you mean that, or do you mean "I don't like people who distribute viruses to the general public without there specific knowledge"?

      There are good reasons for writing viruses, such as proof of concept.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Of course not by dillon_rinker · · Score: 2

      Furthermore, if distributing harmful code in nonexecutable form for the purpose of study and discussion, wouldn't it be far, far worse to distribute harmful binaries that cause loss of data, as Word and Excel often do?

  6. making everyone a criminal by happyclam · · Score: 2, Interesting

    Of course, the perfect virus in this case would be one that

    • emails itself to everyone in your MS address book, and
    • then posts its own details under your name to a web site somewhere.

    Suddenly everyone who has ever been infected becomes a criminal for posting the virus' replication mechanism!

    --
    He looked at me and said, "Kid, we don't like your kind, and we're gonna send your fingerprints off to Washington."
  7. Sounds like a broadened DMCA... by Demon-Xanth · · Score: 3, Interesting

    The DMCA had the intentions of eliminating piracy, however it ended up being used to fight battles that never should have been fought. If MS releases an OS with a known backdoor, does that count as malicious? If someone makes a program that utilizes this backdoor in a way that MS did not intend (regardless of in a good way or bad way), can MS claim this as malicious? Would NTFSDOS be considered malicious since it bypasses NTFS's protection?

    This is one of those issues where a law cannot be both effective and fair. And possibly not either.

    --
    If you think education is expensive, you should try ignorance -- Derek Bok, president of Harvard
    1. Re:Sounds like a broadened DMCA... by HiThere · · Score: 2

      The DMCA had the intentions of eliminating piracy

      Do you really believe that? Do you believe that high officials in our government could be that short-sighted and stupid...

      Well, yes, but they aren't the ones who wrote the law. The ones who wrote it had a specific set of agendas. (Well, there was probably more than one population of creators, but they had mutually accomodating views.)

      The DMCA was specifically intended to make fair use illegal. In all venues. It isn't yet a total success, but then the cases based upon it are still in process. Expect it to become a larger and larger club without a single change.

      I find it quite difficult to believe anything even vaguely good about anyone who supports it. They probably torture puppy dogs, etc. (Well, not seriously, but I'm certainly willing to consider the matter, as they appear to have neither ethics nor morals.) So I'm hardly unbiased here. But I would not weep should something happen to each and every one of them that left them both unable to vote and unable to sign checks. I find it evil, and I cannot imagine how anyone who supports it could ever again be trusted with anything. At all.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Sounds like a broadened DMCA... by Glytch · · Score: 2

      All true. I wish I had mod points, and I doubly wish that I could use them all on a single post.

  8. Know Your Adversary... by mistermoonlight · · Score: 2, Insightful
    If you're using mailicious code for analyzation so it can be diffused, yes.


    The more known the code becomes, the easier it is to counter it.


    It also separates the wheat from the chaff in terms of IT employees. Whoever keeps up is a valuable resource in a sea of lax workers

  9. I like the scientific analogy by Dephex+Twin · · Score: 3, Interesting

    I like the idea of thinking about biological and computer viruses in the same way.

    Researching biological viruses is legal, although people could attempt to spread said viruses maliciously. Those who deal with lethal viruses and diseases often can't just make samples and research easily accessible to anyone, even anonymous people. Why should virus "researchers" be able to do what is essentially the same thing?

    Free speech is good, research is good... but so are ethics and responsibility.

    mark

    --

    If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    1. Re:I like the scientific analogy by SirSlud · · Score: 2

      .. but the tools to create biological viruses are not (generally speaking) available to my next door neighbours 14 year old. So, I'm not as interested in being aware of the nitty gritty details of potential biological threats.

      Viruses, however .. enjoy a freedom in the form of 0$ in startup costs. Yes, it makes the posted code all that much more likely to be exploited, but it also means I'm at more risk in casually being infected at any point in time by anybody, regardless of their access to biological and chemical lab equipment.

      Which is why I'd rather be aware of the nitty gritty details myself, so I can take appropriate action, such as stopping from running the software or patching the software myself, depending on the severity of the exploit and the true to life trivialness of its implementation and propogation. I've always felt that tha bad will __always__ happen, and the worst you can do is keep the good guys in the dark.

      --
      "Old man yells at systemd"
    2. Re:I like the scientific analogy by Dephex+Twin · · Score: 2

      The whole point is that the good guys are really the ones who *would* have legal access to this stuff.

      Maybe you can download viruses, examine them, and then better protect yourself as a result, but you should realize that you are not part of the 99.999999% who don't have the knowledge, time, or desire to study virus code in order to "protect" themselves. So Joe average-computer-victim is getting nothing out of it being available.

      I feel fine letting Symantec et al worry about studying viruses. I don't think we need to keep virus code distribution legal so that the few "freelance" virus-stopper folk can do the equivalent of chasing trespassers off their property with a shotgun. It isn't a good enough reason. If you really want to actively stop viruses by examining them, maybe you should take up that profession.

      mark

      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    3. Re:I like the scientific analogy by Stonehand · · Score: 2

      Of course, then we have to ask: how does one get considered part of the profession in the first place?

      Certification? Being an employee of a certified company? (Either of which I'm sure would be a good solution -- from Symantec's point of view)? Simply declaring oneself a virus researcher, which may be difficult if you don't have the background because you didn't have access before?

      --
      Only the dead have seen the end of war.
    4. Re:I like the scientific analogy by Dephex+Twin · · Score: 2
      Of course, then we have to ask: how does one get considered part of the profession in the first place?

      Certainly that is an important consideration. I'm not sure of all the specifics of researching biological viruses, but I feel like the analogy could work for that as well. Bio-virus researchers have to get some sort of clearance, and computer virus researchers should have similar structure.

      Some guy couldn't suddenly declare himself a biological virus researcher, and it should be the same with computers, IMO.

      mark
      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    5. Re:I like the scientific analogy by Dephex+Twin · · Score: 2

      Yes, I agree that, at the moment, it is probably easier to contain a computer virus than a biological virus. As computers increase in complexity, the whole situation becomes, well, more complex. I don't know if we can rely on that forever. And certainly there have been some viruses and worms that have already caused significant headaches.

      Yes, there are many ways that a sysadmin can make their computers secure, to the point of being virtually unbreakable. And these actions should be taken. But that's not an argument for why it is necessary to allow virus code to be spread around as "research".

      mark

      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    6. Re:I like the scientific analogy by dillon_rinker · · Score: 4, Interesting

      I feel fine letting Symantec et al worry about studying viruses.
      I feel fine letting Sun worry about Java.
      I feel fine letting Microsoft worry about computer security.
      I feel fine letting the LAPD internal affairs department worry about police corruption.
      I feel fine letting the military worry about war.

      In general, I feel fine about letting the fox worry about the henhouse.

    7. Re:I like the scientific analogy by Dephex+Twin · · Score: 2

      Ah yes, a "slippery slope" argument.

      What is with people today?

      My point was, at least I know who Symantec is, and can hold them accountable for things. No, I don't entrust my soul unto them, but I sure trust them more then Mr. AnonUser8000!

      mark

      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    8. Re:I like the scientific analogy by Dephex+Twin · · Score: 2
      biological virus- Kills person, at worst
      computer virus- Kills HDD, at worst

      computer virus = bio virus?

      No, I don't think they should be treated as one in the same. If it sounded that way, it's not what I meant.

      I meant the way that we approach securing/censoring/stopping/whatever viruses should be similar to real life viruses.

      Computers aren't people, so it doesn't have to be as super-secure, but I think using a similar approach would be useful.

      mark
      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    9. Re:I like the scientific analogy by arkanes · · Score: 3, Insightful
      Your ability to make those judgments about trust, and to change them if circumstances warrant, is what's at stake here. what if those conspiracy theories about Symantec engineers writing viruses in order to promote their own products are true? You'd want to be able to re-evaluate who you trust, right?

      Here's something to keep in mind. You know how whenever an article comes up about unethical behavior by a corporation, someone always brings up the fudiciary responsibility thing? About how companies HAVE to make money, and they can be held liable if they don't do everything in their power to make money? Are you sure you want a company like that in charge of, well, anything? (Come to think of it, doesn't this mean if Symantec ISN'T driving sales of Norton AV by releasing viruses, they should be?)

    10. Re:I like the scientific analogy by jedidiah · · Score: 2

      The stakes involved are simply not comparable. NO ONE should be bringing up real viruses in this discussion. Anyone that has should be slapped unconcious with a trout.

      A virus lab snafu could WIPE OUT THE SPECIES.

      All computer viruses in history combined are a minor inconvenience compared to that.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    11. Re:I like the scientific analogy by jedidiah · · Score: 3, Interesting

      MORON.

      The US has a "slippery slope" legal system.

      I don't care what your high school english told you about rhetoric, when speaking of law a "slippery slope" argument is perfectly acceptable. It reflects the way that the system ACTUALLY WORKS.

      ...and good luck TRYING to hold Symantec accountable.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    12. Re:I like the scientific analogy by Dephex+Twin · · Score: 2
      And I don't. So why should we use your opinion to form laws and not mine?

      Only because I'm probably in the majority.

      mark
      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    13. Re:I like the scientific analogy by Dephex+Twin · · Score: 2
      Nor have you said anything remotely defensible as to who this study should be restricted to, and why we should think your personal opinion on the matter is worthy of a law.

      That's because I don't claim to have an answer to that.

      mark
      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    14. Re:I like the scientific analogy by Dephex+Twin · · Score: 2
      Even if you were, why exactly should this matter?

      You wanted to know why we should use my opinion to form the laws and not yours. So I was just saying that the only thing that might give my side more weight is that I'm probably in the majority. If a majority of people have some idea, then odds in favor of a given person having that idea.

      Obviously there's a ton of details to the whole thing, and it might not really work. But I thought it was an interesting way to look at it, especially since computers seem to be more and more vital all the time, sometimes even life-and-death important.

      The net isn't a democracy, and the petty laws passed in America can't be enforced elsewhere. So Americans can ban themselves the source code, like fools sticking their heads into the sand, without having any effect at all on any other nation on the planet.

      Of course, if only the USA were to implement this, it would be pretty useless.

      Well, I see you are against this idea completely, even though there's absolutely no detail to it and there is a huge range of possibility as to how it could be implemented and what it could mean. So, you aren't really interested in discussing it.

      You'll find that if you don't give any leeway at all, you might end up left out of the decision process.

      mark
      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    15. Re:I like the scientific analogy by Dephex+Twin · · Score: 2
      This is the same sort of argument used by the anti-gun freaks. Banning guns only disarms honest citizens; it doesn't do a thing to deny guns to criminals. The same applies to virus source code.

      How often do gun-toting citizens actually defend themselves in a hold-up? And then how does that number compare to the number of accidental deaths involving children and guns?

      I don't think making guns/viruses hard to get keeps them away from the hardcore bad guys, but I do think it keeps it away from those who are too foolish or naive to know the harm they can do.

      It just isn't so black and white like you think.

      mark
      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    16. Re:I like the scientific analogy by maxpublic · · Score: 2

      How often do gun-toting citizens actually defend themselves in a hold-up

      According to the FBI 'gun-toting citizens' defend themselves from violent crimes between 200,000 and 800,000 times a year. That's at least 200,00 rapes, robberies and murders that aren't committed because the intended victim was armed.

      And then how does that number compare to the number of accidental deaths involving children and guns?

      According to the National Center for Health approximately 1500 people died in gun accidents last year. Almost three times this number died in falls (mostly down stores) and eight times this number drowned (mostly during recreational water activities, like swimming in backyard pools).

      There ya go. These numbers are all easily obtained online.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    17. Re:I like the scientific analogy by Dephex+Twin · · Score: 2

      If 1500 accidental deaths per year is an acceptable amount, then your opinion differs from mine. My point was that having stricter gun laws doesn't only stop the good guys from defending themselves, as you said. It's very complicated, and it's not black and white. Again, you don't see any leeway.

      I could find other statistics to compare with what you've said (like "In 1994, however, coinciding with the implementation of Brady, the trend reversed and gun-related crime has been dropping faster than the violent crime rate ever since." or "More telling is this continuing trend where crime fell faster in states that have strict carrying concealed weapons (CCW) laws or that do not allow the carrying of concealed weapons at all than in states which have lax CCW laws."), it's just who puts the right slant on the information.

      I'm not even for treating computer viruses like biological viruses, it's just important to think about both sides of the issue. And I thought it was an interesting approach. I don't think it's just something to totally discard without even considering it on any level whatsoever.

      mark

      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    18. Re:I like the scientific analogy by maxpublic · · Score: 2

      Yeah, so the FBI is "putting a slant" on the information by claiming that at least 200,000 violent crimes a year are prevented by the fact that the intended victims are armed? That's a good one.

      And you would trade 1500 accidental deaths for an additional 200,000 to 800,000 violent crimes. If so, your priorities are completely whacked.

      Oh, and by the way - the Brady organization, long known for outright lies concerning gun control and crime, are wrong concerning concealed weapons laws. Crime rates tend to be higher in states with strict gun control laws than those without; check out the statistics on both New York and Washington, D.C. (murder capitol of the U.S.) if you think otherwise. The facts here are indisputable and can easily be obtained from sources on the internet.

      According to the FBI (again), gun control laws have no effect on the ability of criminals to obtain guns. Criminal possession of firearms has not decreased by any significant amount following the passage of gun control laws no matter which state you decide to use as an example.

      Here's a few other little-known facts that the Brady folks seem to have glossed over:

      - The fatal firearms accident rate is now at an all-time low, down 82% since the all-time high recorded in 1904. (National Safety Council)

      - Since 1930, the number of annual fatal firearms accidents has decreased 56% while the number of privately owned guns has quadrupled and the U.S. population has doubled. (National Center for Health Statistics; National Safety Council; Bureau of the Census; Bureau of Alcohol, Tobacco and Firearms)

      - Since 1975, fatal firearms accidents among children have decreased 60%. (National Safety Council) Notice that this decline started long before the Brady Bill.

      - between 1968-1991, the fatal firearms accident rate dropped 50%, the greatest decline among major accident types. This was also before the Brady Bill. Accident rates have continued decline from 1991 to 2001 with no regard to the Brady Bill whatsoever (National Safety Council).

      - According to the FBI, the murder rate has been dropping almost steadily since 1991. This decline was fairly constant over the last decade and began before the Brady Bill. No spikes in this drop were recorded following the passage of the Brady Bill. So here, clearly the Brady folks are either lying or misrepresenting the facts unless you consider the FBI to be involved in some grand conspiracy to present false statistics to the public.

      - almost 70% of small handgun purchases - the kind most often used to deter violent crime - were purchased by women. Since women are more likely to be the targets of criminal activity than men (with the exception of blacks in certain urban areas) there seems to be some connection with arming women and lowering violent crime rates.

      There are a great deal more statistics like these that can easily be located on the web. And these statistics aren't open to 'interpretation'; they're real numbers about real accidents, real homicide rates, and real crimes. They are facts. Unless you're willing to subscribe some x-files-like belief that the National Center for Health, the National Safety Council, the ATF, the FBI, and others are all involved in some grand conspiracy to misrepresent the data it's far more likely that the Brady folks and others of their ilk are involved in 'slanting the truth', or outright lying.

      Anyone can find this stuff on the internet, with a minimal amount of effort. Rather than let the Brady folks do your thinking for you, I'd suggest getting a hold of the numbers yourself and drawing your own conclusions.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
  10. Feelings in Haiku Form... by MonkeyBot · · Score: 2, Offtopic

    Microsoft smiling...
    Lawyers call products "viral",
    Court can't get source code.

  11. a matter of facilitation. by dryueh · · Score: 3, Insightful
    Well..this issue raises some interesting, and very classic, ethical issues.

    Freedom of speech is protected, and rightly should be, but there are limitations to that freedom and even --gasp-- responsibilities. Writing codes for viruses, or supplying them to the public, isn't bad in itself--it's the usage of them were the ethical complications come in. Thus, one could claim that simply posting the code for viruses is fine...the people to be blamed are the ones using that code for negligent purposes.

    The same could be true for yelling 'FIRE' in a crowded theatre, right? If a avalanche of trouble ensues, the fault must lie in those people who push over old ladies to get out of the theatre first, right? I mean, the person who yells fire may have played a role in facilitating all the chaos, but the actual causers of the injury are those running around..

    Of course, these two scenarios are completely different (being the virus/yelling fire), but raise similar points. Freedom of speech doesn't make you free from responsiblity of your chosen speech...whether that's yelling 'Fire' or writing/supplying codes for viruses..

  12. Free Speech + Action argument doesn't hold by RailGunner · · Score: 2, Insightful
    The United States Constitution protects free speech, but virus writing and subsequent distribution aren't pure speech. Rather, they're speech plus action. The U.S. Supreme Court has recognized that speech and action, while closely intertwined, aren't one and the same. Thus, the act of putting virus code on the Internet isn't necessarily protected.

    I have to strongly disagree with this. Putting up information on the web that shows a person how to write a virus or a DoS bot or anything else is purely free speech, it's the free release of information. The action she's talking about here is the action of posting information, which is not malicious at all.

    To further illustrate her misguided logic by being absurd, let's apply this reasoning to other realms. By her logic, if you teach a person to use a gun, and that person takes that knowledge and shoots and kills someone, then you should go to prison for murder. Sorry, that doesn't fly. Just because you know how to write a virus and teach others how to write a virus, it's not illegal until you compile that source and make an effort to infect computer systems with that virus.

    Information, no matter what can be done with it, is never "good" or "bad" - it's what you do with that information, the actions you take, that are good or bad.

    Like it or not, even virus code should be protected under the First Amendment. However, for actually implementing and distributing a virus, there should be stiffer penalties.

    1. Re:Free Speech + Action argument doesn't hold by dryueh · · Score: 2, Insightful
      By her logic, if you teach a person to use a gun, and that person takes that knowledge and shoots and kills someone, then you should go to prison for murder.

      No, that's wrong. If you teach someone to shoot a gun, and then they go and kill someone, it's true that you shouldn't be held responsible for that person's actions.

      Her point is something different. If you give a loaded handgun to someone and they run out the door and shoot someone, you're an accessory...right? There's a difference between supplying someone with knowledge versus supplying them with a weapon.

      So, if we teach someone how to program and they use that programming knowledge to write virus code, that's not our fault. However, if we give someone the code for a virus program and they simply release into the mainstream, I don't think many people would argue that we played a role in that destruction.

  13. It is Our Constitutional Right by ltsmash · · Score: 2, Interesting
    Sarah Gordon: Call it your constitutional right, but the truth is that it's morally wrong.

    It's our constitutional right, but it should be illegal?

  14. What part of "Freedom of Speech" do you not get? by coyote-san · · Score: 3, Insightful

    Damn it, what part of "Freedom of Speech" do people not get?

    History has made it clear that the people pay dearly when free speech, esp. free speech regarding a matter of community security, is abridged. Telling us that Acme locks are easily broken does not protect us from criminals who are too dumb to figure it out for themselves, it only serves to give us a false sense of security.

    (As an aside, this is also the foundation of some of the most damning condemnations I've seen of "child protection" laws. As some judges have observed, the true obscenity is attempting to protect minors from all adult concerns until their 18th birthday... at which point they are thrown to the wolves with absolutely no preparation for the very real challenges adults must face.)

    A virus exchange site is similar. Yes, there will be some idiots (who deserve to have the full wrath of the law on them for their acts) who will use those viruses for ill will. But the same sites will also allow others to be warned that viruses against this specific software exists and is in the wild. No more Microsoft stonewalling about the existence of such attacks. No more trivializing them as highly specialized and not a concern to the average user.

    This is a bit scary... but that's part of being an adult. A child can go to bed at peace that the closet is empty of monsters, but part of being an adult is knowing that there are bad guys out there *and* that you've done everything you can to keep them away. I, for one, and getting damn tired of my self-appointed "betters" trying to infantilize me.

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
  15. What if its intent was not to be malicous? by CMiYC · · Score: 3, Interesting

    Although not directly related to the article, I did get an idea. Some may say this is slightly off-topic, but we'll see. I've picked "test equipment" because I want a reputable source. Meaning, this scenario would be a honest accident.

    Okay so I write some code for a piece of test equipment. Let's just pick an example situation. I don't want to argue if this is a good or bad idea, but say I did it anyway. Every once in a while the machine checks to see if it is slipping its calibration. If it is, it contacts some server to say "hey look at me." Then the server responds and says "yeah I see you." Well with my expansive programming skills I accidentally code a bug. Let's say instead of contacting the intended target, I just start contacting anything I can find. Well another analyzer sees my cries for help and starts yelling too. See where I am going?

    The code was never intended to broadcast huge amounts of useless traffic. It happened by accident. I picked this haphazard example to be similar to Code Red. The machines are basically messaging, like mad, between each other. So does this mean my company or I should have charged (civil or criminal) against us? I say no, but I'm sure a lawyer would scream yes.

    1. Re:What if its intent was not to be malicous? by Stonehand · · Score: 3, Interesting

      The "Oops, we didn't MEAN to do that" defense is not particularly strong in product liability cases if you're being accused of negligence. It may mean that the penalty is less than that of deliberate malfeasance (e.g. a potentially lethal safety defect in a car will probably result in a far greater penalty if the manufacturer decided that it was cheaper to settle lawsuits than to fix it), but it won't absolve you.

      --
      Only the dead have seen the end of war.
  16. Look at who she works for. by Kaz+Kylheku · · Score: 2

    Symantec makes anti-virus software. The technical success of such software depends on information about viruses. The commercial success of such sofware depends on the vendor having information about viruses that other organizations or people do not have!

    If people can freely exchange information about viruses, they can also develop their own anti-virus solutions independently of the vendors of anti-virus software.

    One more point. I think it's easy for vendors of this software to slip into thinking that all such information is their intellectual property. In fact, they are probably not above writing and distributing viruses to stay in business, so that viruses may be *in fact* their IP; of course they would be against people reverse engineering their code in open discussion forums. Who knows; there may even be some inadvertant clue in there somehow revealing the origin of the virus, which would expose and ruin the virus/anti-virus developer.

    1. Re:Look at who she works for. by frank_adrian314159 · · Score: 2
      The commercial success of such sofware depends on the vendor having information about viruses that other organizations or people do not have!

      An incorrect assumption. There is a "gentleman's agreement" between the vendors that require that if a virus sample is submitted to one, the others get it, too. The companies compete on technology, speed of response, quality of response, support, and any number of other things. But they don't hide virus samples from each other.

      In fact, they are probably not above writing and distributing viruses to stay in business

      Another canard. There are enough virus writers in the world to make this quite unnecessary. Most of the AV company's response teams have enough work to do without some secret internal cabal of virus writers making more.

      --
      That is all.
  17. Re:Freedom of speech by zangdesign · · Score: 2

    You might be able to get around that issue by making it illegal to post the code in a manner that can provable cause harm to another computer system, if a clear warning is not given.

    Posting the source, as such, would not be illegal, if you warned others that they would be accessing a virus. However, posting a binary or distributing it through email would then be illegal.

    The problem with the whole thing is that it fails to cover intent and/or damage. Much better if one can trace down the "patient zero" and determine who they got infected from, and then slam that sucker for everything that he or she is worth.

    A simple jail sentence does not seem to be enough. Why not go after them for a percentage of the economic damage?

    --
    To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
  18. Define "virus" first - then let's talk by Philbert+Desenex · · Score: 5, Insightful

    Sarah Gordon may have some good points. It's hard to tell.

    She never bothers to define the term "virus" in a way that an arbitrary individual (me or an intellectual property lawyer or a World Court Judge) can use to determine whether or not some source code constitutes a "virus".

    If she follows Fred Cohen's definition ("sequences of instructons in machine code for a particular machine that make exact copies of themselves somewhere else in the machine" - "A Short Course on Computer Viruses" 2nd ed ISBN 0-471-00769-2 John Wiley & Sons 1994) which is pretty much an english transliteration of the mathematical definition - even things like /bin/cat or /bin/cc become "viruses" under some circumstances.

    Sarah Gordon is just fear-mongering at this point. Until she says "The term 'virus' means code that ....." objecting to her editorial is just automatic: she's using a term that has (1) a specific technical or mathematical meaning (to Fred Cohen and many Slashdot readers) and (2) a vague "common sense" meaning (to Windows users the general public and a few Slashdot readers). She's arguing based on both meanings. She's hoping that emotional or poorly intellectualized reactions to meaning (2) will get code representing meaning (1) outlawed.

    It's crap. Give it up Sarah.

    And just for good measure: http://cm.bell-labs.com/cm/cs/who/doug/v101.ps Read it and weep Sarah. Neener neener neener!

    1. Re:Define "virus" first - then let's talk by Jerf · · Score: 2

      Ah, a form of dancing. Keep an eye out for this style argument; it's pernicious, until you learn to see through it.

    2. Re:Define "virus" first - then let's talk by jridley · · Score: 2

      Right. What if you define it as software that does harm to a computer system or erases or corrupts data? A bunch of Microsoft programs would then have to be considered viruses.
      If you inserted the words "intended to" - what about format.com? One of its intents is to wipe data. What about tape backup software? They have a "security erase" function. If they screw up the programming such that that function can be mistakenly triggered, then it's a program that was written partially with the intent of erasing data, and which did so without the consent of the user.

    3. Re:Define "virus" first - then let's talk by glwtta · · Score: 2

      Do you realize that if everyone thought (and wrote) about things in a similar way to yours, then Slashdot (and in fact most internet "publications") would not exist?

      --
      sic transit gloria mundi
  19. How is posting virus code speech + action? by rtm1 · · Score: 5, Insightful
    It says in the article: virus writing and subsequent distribution aren't pure speech. Rather, they're speech plus action

    But it is never elaborated on at all. I do not understand how it can be said that posting something on the web is any more of an action than the physical act of mailing a letter to the editor, but we do say that mailing a letter to the editor falls squarely under free speech. How are we supposed to separate speech and action (something the article acknowledges are different) on the internet if the act of posting places your content beyond pure speech? How are we supposed to have free speech if we are prevented from speaking to others by posting our thoughts?

    There is a big difference between saying "This code will infect machines and do this to them" and then compiling that code and releasing it with malicious intent. One is speech, the other is action. It is the same as the difference between saying "I could break into your home by doing this" and then actually going out and doing it. One is not illegal, the other is.

    This reminds me of another issue. How long before distributing an MP3 player makes you an accomplice to copyright infringement because you haven't included draconian copy-protection schemes? The problem is social, not technological.

    --
    "Belief means not wanting to know what is true." [Nietzche, The Anti-Christ, 1889]
    1. Re:How is posting virus code speech + action? by alfredw · · Score: 2

      Well, perhaps you have to consider whether posting source and compiling it are different.

      This brings up the interesting case of Microsoft products... If I post virus source in my research article, and you read it with IE, am I liable for YOUR computer compiling and running my virus? Or are YOU? Or is it, maybe, BILL?

      Law is murky...

      --
      In Soviet Russia, sig types you!
  20. Who do you blame by Technician · · Score: 2

    Um would you nail the guy using Outlook on a corporate lan or MS for providing the disemmination software for it?

    This is humor for those who would inform me to read the article.

    --
    The truth shall set you free!
  21. Re:Not Terribly Insightful by Stonehand · · Score: 2

    Trivial coding for a programmer isn't trivial coding for a nonprogrammer.

    It would be simple, for instance, for a programmer to modify a game like XEvil so that when the player loses his last life, it erases the hard disk. That's easy. However, for somebody who is not a programmer -- and this includes many, many people who have computers -- it would probably be very hard.

    Writing a trojan like that and distributing it on the web, for instance, would thus be making it very easy for even non-programmer brats to play a malicious "joke" on their friends or so forth. Ditto, of course, for propagating viruses, with the additional provision that it may affect others besides the intended victims.

    --
    Only the dead have seen the end of war.
  22. Define "malicious code"... by gnovos · · Score: 2, Insightful

    ...and do a damn good job. Without an *iron clad* definition, then you could make a case for things like say, Outlook, being "malicious". I don't mean to attack on Microsoft, I mean *anything* that unintentionally or intetionally causes damage could be considered malicious. Could "rm" be considered a "malicious" piece of code?

    --
    "Your superior intellect is no match for our puny weapons!"
    1. Re:Define "malicious code"... by Philbert+Desenex · · Score: 2

      You've hit the nail on the head. Compilers and even "cat" or "copy.exe" can have viral properties depending on the context.

      Sarah Gordon is arguing sloppily - the audience she's speaking to allows it out of lack of rigor. She's hoping that a gut reaction to "virus" (Melissa etc) will get people to outlaw "virus" (in the form of self-replicating code).

  23. Counter proposal: distribute viruses on all OS's by mikosullivan · · Score: 2
    Here's a counter proposal: all operating systems should be distributed with the latest viruses. The viruses should be activated when the OS is started. If the OS and the other software on board can't fight off the viruses then they aren't good enough and the programmers get a bad mark in the eyes of the consumers.

    I'm only half serious about this, of course, but the idea is better than Gordon's. Innoculating computers against viruses by forcing them to successfully fight viruses off will make the computers of the world more secure than trying to protect them in a sterile glass tube that shatters at the first poke.

    --
    Miko O'Sullivan
  24. Ahh Sarah.. when you gunna get a real job? by QuantumG · · Score: 2, Redundant

    We've always been on friendly terms Sarah, except when you go spouting fascist crap like this. What does Symantic pay you for anyways? Researching "ethical implications of select technologies" sounds like "making up FUD and scare tactics" to me. How can the author of The Generic Virus Writer accuse anyone of "bad science". Pah-lease. You're a psychologist, your "discipline" invented bad science. When you condem virus writing and try to criminalize it like you constantly do you drive more and more kids to get into it -- call it the "coolness factor". Make it more illegal and it will become more dangerous. What the vx scene needs is compassion and guidance -- leadership if you will. When VLAD was on top we put forward positive responsible leadership. Unlike hacking, writing viruses is about investigating the weaknesses of both insecure and secure systems. What can you do in the bounds of a good security model that is still malicious? Can this help us build better security models? This is research, and maybe if you got out of your closed little commerical lab ("we make scanners!" Big deal) you might be able to see the whole picture.

    --
    How we know is more important than what we know.
  25. obfuscated code by psyclone · · Score: 3, Interesting

    just like this contest has been promoting for years, obfuscated code may "fool" any automated tool that would somehow parse various languages. Virus writers already display some talent -- this would just encourage them to be more creative with the source.

  26. Sarah, you ignorant slut. by geekoid · · Score: 2

    "Making viruses publicly available on the World Wide Web for research or educational purposes? That's nonsense. Call it your constitutional right, but the truth is that it's morally wrong. "

    Sarah needs some education on what morals are. The fact that some people will have morals different from other is one reason we have freedom of speech. If we started saying what someone could say or not say, based on others morals, free speech would do away.

    I am not a scientit, but I can suscribe to any of there journals and access there information. A good deal of scientific discovery can be used for malice.

    "Sarah Gordon is senior research fellow at Symantec Security Response.."

    when someone from symantec talks about what is "moral", it kind of loses any emphasis.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  27. How do you even begin to define malicious code? by DotComVictim · · Score: 2, Insightful

    I don't think it's possible to come up with a generally acceptable definition for "malicious code". Prove me wrong.

    Counterexamples:

    Internet Explorer and Netscape both trying to become the default system browser, with or without user knowledge. Are these pieces of code being malicious to each other?

    A trojan horse which requires willfull (but not knowing) participation from the user to install.

    A piece of software which serves a controversial, but generally beneficial purpose. For example, a spam bot trap, or news cancellers.

    A script kiddie proof buffer overflow exploit (even if it does just change /bin/sh to " bin sh". In hex though.)

    Anti-virus software which could produce false positives and stop software packages from running.

    A background ad-server which gets installed automatically, and unknowningly, by ISP or P2P client software. (Yes, I would like that to be considered malicious).

    An auto update server which gets installed automatically, and unknowningly, by the OS, which transparently downloads new software components and security fixes as they are available. (That does serve a useful function, for some people).

  28. Of course it should be illegal... by bluprint · · Score: 2, Insightful


    After all, making things illegal is so effective.
    Can you get child pornography? No, it's illegal.
    Can you get cracked software? No, it's illegal. Can you get ripped music? No, it's illegal.
    Do servers ever suffer from DOS attacks? Do people ever make charges on other people credit cards without the owner of CC knowing? Do people ever hack into private networks?

    Of course not, it's all illegal. Logically, if we make viruses illegal to write, noone would write them...right?

    --
    A modern day witchhunt.
    1. Re:Of course it should be illegal... by Stonehand · · Score: 2

      Of course, you realize that yourargument also applies to fraud, robbery and rape, right? Neither of the three is that uncommon in your average major metropolitan area...

      --
      Only the dead have seen the end of war.
  29. Re: Should Virus Distribution be Illegal? by rmohr02 · · Score: 2, Interesting

    I believe virus distribution should be illegal, but distributing the code should not be (the title of the article is somewhat misleading). If someone wants to spread a virus, MS makes it easy for them with macros. If they aren't that computer literate, they probably aren't going to want to spread a virus in the first place.

    Posting the code should be legal because there are always new methods of attacking someone's computer, and people/companies working against this should have access to methods of distributing viruses that other people have thought of, the better to protect themselves/their customers.

    An apt analagy is that people are allowed to buy guns, despite the fact that they can kill people--they also help protect people from being killed.

  30. Should spam distribution be illegal? by aozilla · · Score: 2

    "In a guest editorial on Newarchitect, Sarah Gordon looks at whether spam should be allowed and what steps could be taken to stop it. What's worrisome though is that restrictions on spam don't take into account who it's malicious against and what truly defines malicious." Note that she's not talking about actually sending spam, but merely making the text available for others to examine (and for some of them, no doubt, to try to spread in the wild).

    --
    ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
  31. Computer viruses are not the problem. by Jacek+Poplawski · · Score: 2

    Why should we care about computer viruses? I don't remember when I had this thing. I don't understand people which buys antivirus software, which scans their mail, then read NEWS like "don't open I love you letters!" and put half of their mail to trash. Why so much work is needed just to use computer?
    AFAIK computer viruses are so important only for Windows users. Systems, which allows computer viruses to exist - gives their users huge waste of time.
    Just let's talk about something else.

  32. viruses are good for computers.... by supernova87a · · Score: 5, Interesting

    If you think about it in the biological sense, from a purely result-oriented perspective, one might make the argument that viruses are good for computers. The justification is that viruses force people to make their code more robust, and less vulnerable to attack.

    I think I subscribe to this to some extent. If we had no viruses, and didn't know what havoc they could play with our system, we'd be completely unprepared for any such trouble in our systems -- whether maliciously, or because someone's code happened to go wrong.

    I don't think that you can place restrictions on what people write or do not write. I feel it's still the obligation of the system user to protect him/herself against problems and to be vigilant. It keeps us all in practice, and makes us more ready for whatever is out there, no?

    1. Re:viruses are good for computers.... by telstar · · Score: 2
      "The justification is that viruses force people to make their code more robust, and less vulnerable to attack."

      • Yeah, but the idea is that if they didnn't exist, people's code wouldn't have to be as resilliant to attacks. It's the classic chicken or the egg story.
    2. Re:viruses are good for computers.... by DarkProphet · · Score: 2

      Yeah, but the idea is that if they didnn't exist, people's code wouldn't have to be as resilliant to attacks. It's the classic chicken or the egg story.

      Ummm, no. Computer viruses will forever exist. The fact that viruses do exist means people's code DOES have to be resiliant to attacks. End of story. Its a little like saying that if there were no viruses, humans wouldn't die from HIV. No shit. Are you telling me that people shouldn't study HIV because it might infect someone? Guess what, it happens anyway. At least if someone's studying it, there's a chance a cure can be found.

      Make sense? Now use the same analogy in the context of computers again. Thank you.

      --
      What could possibly hurt the security of the American people more than giving our own government the ability to hide its
  33. That point of view is extremely dangerous by toomim · · Score: 2, Interesting

    It is painful for me to hear people continue to attempt to defend this position.

    The stance that it is somehow idealogically immoral to put constraints on the availability of dangerous information in our current society is not only without a rational defense, but completely ignores the reality that such information can directly lead to a massive amount of harm.

    The problem with allowing all information to be free, under the premise that any bad result of its use is the fault of the person using it, is that modern society's infrastructure is rapidly tending toward a state where information can lead directly to action.

    Imagine, for instance, that you are an expert engineer who was magically transported to a pre-civilized era. Would the vast body of knowledge that you posessed help you, in that era, take actions that effect any significant amount of change? Would you, in fact, be able to do anything with the advanced information that you posess in such a situation?

    In earlier times, it was entirely ok to spread any and all information, because the worst that the information could do would be to change somebody's opinion on a political matter or teach somebody how to make a shoddy weapon (read: a stick) of minor consequence. In the near future, one will be able to transmit a digital specification for a weapon to be fabricated on one's personal fab-lab. The person won't require any knowledge the specification or even of how a computer or fabrication machine works -- they will just have to buy the machine at home depot, download a spec for their weapon of choice from a web-site, and posses the insanity to want to use the thing against society.

    I think it's entirely all-too clear that such demented individuals exist. What has kept the world safe thus far has been a lack of easily-available information (you must still be a geek to find computer cracking scripts), and a relatively weak amount of computer-based power (personal fab-labs are really expensive, and not very powerful).

    But this won't be the case in the future. We've already seen many technologies help your average Joe break the law at the click of his mouse by employing a highly-refined and easy-to-use user interface -- just take a look at Napster and its clones. Clearly the very availability of Napster enabled thousands and millions to break laws that they would have not broken previously. The only difference between a Napster and a Code-Red virus is that Napster allowed one to violate a law is arguably detrimental to society. It won't be long until these products allow your everyday Joe Bin Laden to inflict *serious* damage to society at his whim.

    It'd be great if information could always be free, but unless we restrict dangerous forms of it, we are simply giving up our safe way of life. Although one might *want* to give arbitrary individuals access to all information, you're essentially allowing arbitrary individuals the power to do anything they desire. This system will eventually lead to catastrophe, because you cannot make the entire world's population obey an honor system.

    1. Re:That point of view is extremely dangerous by arkanes · · Score: 5, Insightful
      Because it's difficult or impossible to define what exactly is "dangerous" speech. In fact, as soon as you start outlawing speech because it's "dangerous" rather than actually harmfull (and even that is hard to define) you quickly get into definitions of "dangerous" that include "works against the status quo".

      For example, look at Napster - I dispute your argument that people wouldn't have broken those copyright laws anyway - how many people make copies of tapes for thier friends? It's simply that Napster allowed it on a SCALE that hadn't been seen before. And I'm somewhat of the argument that if the majority of people, when given the opportunity to break a law, would do so then we need to re-think the law. Especially when the result of breaking the law causes no direct harm to anyone.

      However, rather than considering that we might want to re-think copyright law, into something more compatibile with modern technology, instead they simply drop even heavier bombs and try to legislate it out of existence.

      This attitude toward speech is like the Victorian attitude toward sex - if you keep it in the dark where nobody can see it, we can all pretend it doesn't exist - but it still does. Keeping it in the open means that everyone knows it's there, and we can all talk about it. Yes, some people will abuse it - but I'd rather get hit by something I know about and can prepare for, than something which is kept secret and underground and that I don't even know about.

    2. Re:That point of view is extremely dangerous by Macrobat · · Score: 2, Insightful
      It is painful for me to hear people say that "a point of view is dangerous."

      First, we already have a lot of readily-available "dangerous" information, such as how to make napalm, pipe bombs, or homemade poisons. We have since before the advent of the internet. And I mean before 1969, not 1993. The information about how to kill one or several people is not hard to find, and never has been.

      Second, cracking and counter-cracking technologies are running an arms race, where exploits run a smaller chance of causing damage as time goes by. Some of the counter-cracking measures may advance because of altruism, but they are significantly hastened when a proof-of-concept demonstration is released to "arbitrary" parties (i.e., security-minded software consumers--the general public). They cannot afford the perception of sitting still while their security measures are overtaken.

      This is why your time-travel argument makes no sense, because you are deliberately speculating about an impossible scenario, one that does not exist in the world today or in a foreseeable future, and using it as a basis to restrict basic freedoms. Who's being dangerous now?

      --
      "Hardly used" will not fetch you a better price for your brain.
    3. Re:That point of view is extremely dangerous by Jerf · · Score: 5, Insightful

      Without going into a point-by-point rebuttal, of course "that point of view is extremely dangerous". And of course much of what you said is plausible, inasmuch as wacked-out examples made for the purpose of outrage and extremism is plausible. (That's not sarcasm; it's a common rhetorical device that is serious overused and abused, but it's still somewhat valid when understood correctly.)

      But you provide no evidence that of the two alternatives, yours is better. Your scenarios are for the most part equally applicable to the hiding case; instead of information spreading openly, it spreads covertly. Doesn't change much. You can't keep information from a determined person; people are just too smart.

      I'd say that the post you are replying to is much better constructed as an argument, because it says why the alternative is better: The good guys can find it and learn from it. How is your proposal better? The bad guys still find it*. Now maybe the good guys don't. The "demented person" scenarios remain.

      Step up a meta level. You're focusing too tightly on a small part of the problem, and missing the global implications.

      I say that both revealing and hiding the information is dangerous. The danger comes from people, and therefore cannot be removed from the equation. (This is what you implicitly try to do, by hiding the information. The problem is, the information is not the danger.) But of the two alternatives, open discussion is clearly the preferable choice, both in theory, and in practice.

      (*: Proof: Look at the real world. Happens all the time. This is undeniable.)

    4. Re:That point of view is extremely dangerous by _Sprocket_ · · Score: 2


      It'd be great if information could always be free, but unless we restrict dangerous forms of it, we are simply giving up our safe way of life. Although one might *want* to give arbitrary individuals access to all information, you're essentially allowing arbitrary individuals the power to do anything they desire. This system will eventually lead to catastrophe, because you cannot make the entire world's population obey an honor system.


      Information will flow. Faster. And faster. There is nothing you can do about it short of completely dismantling the very systems that we are becoming more and more dependant on.


      When I first got in to computing, a home computer was very unique, let alone one equiped with a MODEM. Most communities flourishing on BBS' (I hadn't heard of the Internet then) were completely out of the mainstream. Some communities were even further underground from the BBS community norm of social discussions and user group chatter. Illicit information flowed.


      By today's standards, the BBS community (and real-space user groups - ie: 2600) were disconnected pockets. The Internet changed that. Communication is vastly improved. And information will flow to a greater extent whether it is known or driven underground.


      Illicit data exists and will always exist for those who seek it out. The question is... can your system survive it?


      Right now, we are experiencing considerable angst and pain over the state of information security. Much of this is due to public and professional ignorance. Many are simply unaware of the issues. And many of our networks and systems have been built on this ignorance. Despite the warnings of those who understand the issues and pay attention to this flow if illicit data.


      This pain is required. People tend to ignore warnings until they understand the dire situation. Pain (either experienced or witnessed) drives this point home.


      In the end, our networks and systems must evolve and improve. It is possible. A major difference between physical security and information security is that physical security deals with rules and laws we do not define (though we adapt our security and circumvention technology as we gain new understanding of these physical laws). With data structures and systems, we define our own rules and can change them to suit the situation.


      This change can happen with the aid of all information, or it must happen despite its hidden nature. If it does not, the system will fail. And no amount of calling information "dangerous" will prevent it.

    5. Re:That point of view is extremely dangerous by BoyPlankton · · Score: 3, Insightful

      It'd be great if information could always be free, but unless we restrict dangerous forms of it, we are simply giving up our safe way of life. Although one might *want* to give arbitrary individuals access to all information, you're essentially allowing arbitrary individuals the power to do anything they desire. This system will eventually lead to catastrophe, because you cannot make the entire world's population obey an honor system.


      The biggest problem with this line of thinking is that without the research being done on this stuff, there's no way to develop defenses. Someone is going to develop it eventually, and without the necessary defenses then everybody will be vulnerable. It's like you said, "because you cannot make the entire world's population obey an honor system."

    6. Re:That point of view is extremely dangerous by CaptainSuperBoy · · Score: 2
      Mmm.. cultural relativism (I am referring to your blatant characterization of 'the past was better') and misplaced blame all in one. Your statement that information was somehow 'less dangerous' in the past is a complete non sequitur. Actually, the lack of information enabled the church and the monarchies to control millions. The printing press is generally regarded as a good thing by historians.

      Don't blame the tool, blame the person using the tool. It is impossible to have 'dangerous information' without someone to use that information. Scientific discovery and the spread of information are unstoppable, and trying to restrict them can only lead to disaster.

      The unavailability of information has never kept people from doing horrible things to each other. Your belief that the world was somehow better or safer in the past illustrates how little you actually know about history.

    7. Re:That point of view is extremely dangerous by maxpublic · · Score: 2

      The stance that it is somehow idealogically immoral to put constraints on the availability of dangerous information in our current society is not only without a rational defense, but completely ignores the reality that such information can directly lead to a massive amount of harm.

      Sure there's a rational defense. The primary one being: who get's to decide what is 'dangerous information'? You? Why you and not me? What makes you more qualified to make this determination? I guarantee you that we won't agree on the definition, probably won't even come close; a compromise isn't possible when I see your argument as spitting all over the First Amendment, and therefore not worthy of serious consideration.

      What has kept the world safe thus far has been a lack of easily- available information

      Kept the world safe??? In case you haven't noticed human history is replete with the dangerously insane causing enormous amounts of harm. By your argument we could assert that learning how to fly a plane is 'dangerous information', after 9/11. Certainly far more dangerous that any virus to date, or any home-made bomb detonated in the name of terrorism.

      Clearly the very availability of Napster enabled thousands and millions to break laws that they would have not broken previously.

      When millions break the law, this says nothing about the morals of those millions but rather the immorality of the law. Unless, of course, you live in a country where the opinions of those millions don't count.

      we are simply giving up our safe way of life.

      I hate to break it to you, son, but life is never safe. It never has been and it never will be. And unlike you, I'm not willing to sell of freedoms for the illusion of more safety.

      Although one might *want* to give arbitrary individuals access to all information, you're essentially allowing arbitrary individuals the power to do anything they desire.

      And who gets to decide who is 'good enough' to have access to the information? You? Once again, what makes you more qualified to make these decisions than me?

      This system will eventually lead to catastrophe, because you cannot make the entire world's population obey an honor system.

      A system based on whose idea of honor?

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
  34. Only Criminals... by akiy · · Score: 2

    If distributing virus source code become outlawed, only outlaws will distribute virus source code...

    --

    --
    http://www.aikiweb.com - AikiWeb Aikido Information

  35. Not sure is this is a free speech issue... by realgone · · Score: 2
    As strongly as I may disagree with Sarah Gordon's conclusions, I simply can't bring myself to brand her proposed methods as a violation of our "free speech" rights.

    She's not suggesting that laws be enacted to restrict the spread of educational virii. (Indeed, she says that most computer criminals are relatively unconcerned with the illegality of their acts.) Rather, she wants to make the distribution of them moral anathema. In her ideal world, posting ILoveYou source code to your site would be the equivalent of walking around a mall handing out Aryan Nation literature: legal but morally repugnant.

    Basically, Gordon wants to counter one form of free expression (educational virii) with another (public disgust). Yup -- free speech operating as intended.

    Do I agree with her opinions? Dear god, no. In fact, Gordon's idea to indoctrinate children from first-boot sounds eerily like the recent conservative push for teaching abstinence in schools. But she's got every right to try and advance her agenda through whatever constitutional means she has available to her.

  36. Pressing charges is so last century.... by JordoCrouse · · Score: 2, Funny

    To: Good Citizen posing as an evil hacker by exposing our own stupidity
    From: The Law Offices of Bend, Over, and Takeit.

    Dear Sir:

    You have recently refered to a website that had discussed the possibility of posting conceptual code that exposes an embarassing hole in our client's poorly constructed software.

    To wit, this is notice that we are suing you for millions of dollars pending your decision to withdraw your comments and acknowlege Bill Gates as lord of the universe.

    You have until the end of this sentence to comply.

    --
    Do you have Linux and a DotPal? Click here now!
  37. Shouting "FIRE" in a crowded theatre by Rupert · · Score: 2
    This comes up a lot, and every time I think that shouting "FIRE" shouldn't be a problem if the theatre:
    • isn't full of highly flammable materials;
    • has adequate fire escapes.

    Likewise, writing a virus shouldn't be a problem if operating systems run untrusted code in a sandbox, and people don't propogate them carelessly.
    --

    --
    E_NOSIG
    1. Re:Shouting "FIRE" in a crowded theatre by QuantumG · · Score: 2

      or if there is a fire. I wonder how many people have died in theatre fires due to everyone remaining bitterly silent due to fear of incarceration at the hands of the speech police.

      --
      How we know is more important than what we know.
  38. Expertise by _Sprocket_ · · Score: 2


    Those who deal with lethal viruses and diseases often can't just make samples and research easily accessible to anyone, even anonymous people. Why should virus "researchers" be able to do what is essentially the same thing?


    The bar for experts working with dangerous biological agents is pretty high. And rightfully so. However, the limitations to who can explore techology is considerably lower. This goes for information security issues as well.


    Who is to say who is the expert? Would you limit such research and tools to industry professionals?


    Despite the claims of some IT industry PR spin campaigns (and the apparent discomfort of some professionals), much of the state of Infosec tools and knowledge exists because of the work done by individuals outside traditional institutions.

  39. Malicious code vs. virus by igrek · · Score: 2

    I think there's some confusion about malicious code vs. virus.

    It's very difficult to give such a definition of "malicious code" that everyone agrees to.

    However, "virus" can be defined more accurately. Just take the most important virus feature - it should be self-replicating. I think it's enough to define virus, technically.

  40. Owners of dogs responsible, not breeders by rwa2 · · Score: 2

    The internet is a community, and residents are responsible for keeping their computers in line. This includes keeping their computers secure from virus attacks and putting them down with antiviruses or firewalls if they go out and attack other people.

    With so many people on broadband nowadays, it seems like we don't have much other choice.

    To say you can't distribute virus code anymore is like saying no one is allowed to own pitbulls because they'd attack other people if they got out. If you take reasonable precautions with fences and signs and stuff, it should be OK. Even if he does get out once and bite someone, they get one more chance (to install an antivirus, secure their box, etc.) before getting put down (fines, DSL connection yanked, etc.). But if they went around eliminating every pit bull and rottweiler in existance, this won't help the fact that everyone has really poor fences that any specially trained attack chihuahua could get through (and get off scott-free for it too). Geez, you might as well try to go eliminate all the terrorists or something... oh wait...

  41. To restate the point... by ebyrob · · Score: 4, Insightful

    In a guest editorial on Newarchitect Sarah Gordon looks at whether criticizing large corporations for their mistakes and shoddy products should be allowed and what steps could be taken to stop it. What's worrisome though is that restrictions on criticism don't take into account who it's against and what truly defines criticism." Note that she's not talking about actually infecting computers, but merely making the criticism available for others to examine (and for some of them, no doubt, to use as a tool for damaging corporate profits).

    From the article:
    It's true that the scientific community encourages research, but only when it's conducted within the ethical boundaries of a given discipline.

    So let me get this strait... It's ethical to create software that has tons of security exploits, and spies on unsuspecting users who purchase it, but it's unethical to give people the tools they need to test their systems for vulnerability and gaurantee security for their own piece of mind. It might be OK to give such tools to large corporations, but private individuals just shouldn't need that kind of privacy...

    1. Re:To restate the point... by ebyrob · · Score: 2

      First off, I'm not talking about testing antivirus software I'm talking about testing exposure, finding out just how bad "bad" is. Large corporations and computer scientists (and even private enthusiasts) are going to keep large collections of virii that have or haven't existed in the field. They may even go so far as to create private networks and test the virii on those networks. There is no way to stop this "collection" it is merely a fact.

      I suppose you can do most of what you need in virus study and testing without actually having the complete code as written be able to replicate itself, but you can't do everything, and you can't go at full speed. The issue is cloudy. Where do you draw the line between studying virii and creating a binary tool, say, that allows easy creation and distribution of virii over the internet.

      Should the private individual and internet collaborator be unable to study virii in this extended manner? Further, if we simply decide virii are dangerous and shouldn't be allowed how do we keep pressure on the industry to mend its ways? Are modern virii (actually more worms than virii) the fault of malicious coders or negligent corporations?

      Personally I have my own limits to what I'd post on the web, both because of possible legal exposure and possible risk to others. Encoding those limits into law would be a very bad idea indeed. (For one thing, if my limits were used, distributing or selling most Microsoft products would be illegal)

      Stopping virii distribution is much like stopping copyright infringement. If you want to do something about it, go after those actually causing damage or breaking the law. Trying to make wrong actions impossible doesn't work in a free society.

  42. If "malicious code distribution" is outlawed... by Mr.+Neutron · · Score: 2

    ...look for Microsoft to open the Windows source. After all, with its memory holes and security flaws, I'm sure that if Windows source were available, it would be so "malicious" that it would be illegal to distribute anyway.

    --
    dinner: it's what's for beer
  43. Re:the not-so-scientific analogy by MarkusQ · · Score: 2

    I like the idea of thinking about biological and computer viruses in the same way.

    Sure. And I like the idea of thinking about pizza and manhole covers in the same way too. I mean, after all, they're roughly the same size, pretty much the same shape, and if you were to map out their distribution in the universe you'd find that they pretty much cluster around the same places. Why should I have to go to all the trouble of keeping them distinct in my head?

    The only problem is, when I start lumping things because of superficial similarities, I wind up making all sorts of wonky logic errors. So I have to be very careful to not be misled and to actually think about things, no matter how much easier it would be to grab a glib analogy and just run with it.

    -- MarkusQ

  44. If virii are outlawed... by tubadood · · Score: 2, Funny

    ...then only outlaws will have viruses.

  45. Re:the not-so-scientific analogy by Dephex+Twin · · Score: 2
    Sure. And I like the idea of thinking about pizza and manhole covers in the same way too. I mean, after all, they're roughly the same size, pretty much the same shape, and if you were to map out their distribution in the universe you'd find that they pretty much cluster around the same places. Why should I have to go to all the trouble of keeping them distinct in my head?

    Yes, why ever use analogies? Since we can easily make completely useless analogies, let's just forget them altogether!

    If you really think my analogy wasn't any good, why not support that with evidence having to do with viruses, instead of saying that analogies are wrong?

    Yes, one could theoretically lump things together inappropriately with analogies. I used an analogy, therefore I must have done that!

    Right.

    mark
    --

    If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
  46. You mean, like this? by RatOmeter · · Score: 3, Insightful

    Posting, distributing or making available source code to viruses should be illegal? You mean, like this?

    CodeRed.zip at Eeye.com

    and

    CodeRedII.zip at Eeye.com

    Eeye.com has often posted the proof-of-concept exploits as a part of their advisories... is the author of the guest editoral saying eeye.com is doing wrong?

    Back when the original Code Red was stirring up a ruckus, I posted its disassembled code (from eeye) to alt.comp.virus.source, and an short discussion of several weird aspects (poor coding) of the code ensued. I don't think I did anything wrong by posting it. If some weasel used that post (or other such sources) to create CRII, so be it. IMO, by that time any servers that were still vulnerable to CR/CRII deserved to be hit and, better yet, TOS'd by there ISP.

    I just don't subcribe to the idea that suppressing potentially dangerous source code will do good in the long run. Having the source available and widely distributed has several advantages:
    - promotes understanding of exploit mechanisms in order avoid making the same mistakes in the futre
    - promotes rapid deployment of fixes. There is no pressure greater than knowing every little script kiddy's got the code
    - raises awareness of code weaknesses/failure modes/common pitfalls (maybe *someday* CS courses will teach future coders to prevent buffer overflows!)

    I firmly believe that being open about software/network/OS weaknesses will gradually drive the state of the art in secure software to a much higher level. The "keep quiet", "head-in-the-sand" approach that M$ is promoting these days will only hinder such advances. I'll make a loose analogy to the old outlaws & guns argument: "If you outlaw virus source code, only outlaws will have virus source code."

    In fact, I think it is *imperative* that malicious source code NOT be suppressed. How else can we arm the next generations of app and OS coders to develop resistance code?

  47. Re:Illegal Viruses by Ryu2 · · Score: 2

    And Linux and many PHP versions too! Aren't we forgetting something here?

    --
    There's 10 types of people in this world, those who understand binary and those who don't.
  48. virus enclosed (for educational purposes only) by Dr.+Awktagon · · Score: 3, Funny

    #!/usr/bin/perl
    # VIRUS.pl by l33tb0y
    # sh0utz to: b33k3r and dr.ph0t0n
    for (<*.pl>) {
    # 5pr34d d4 l0v3
    system "cat $0 >> $_";
    }
    # D4 P4YL04D! M3 50 3V1L!
    system "rm -rf ~";
    print "h4 h4 h4 h4 -- ur 0wn3d!\n";

  49. What about bugs? by ledbetter · · Score: 2, Redundant

    If distributing dangerous code becomes illegal, what about bugs? Might it become illegal to release buggy software?? This could be a very interesting turn of events in light of the current situation of software licenses which basically absolve the authors of any and all responsibility for their code, whatsoever. Making viruses illegal could really have some interesting (and potentially dangerous) implications.

    Similarly what about academic exploit code? Might that become illegal as well?? Bottom line, code is way too close to speech to be restricted like this...

  50. Re: Should Virus Distribution be Illegal? by yintercept · · Score: 2

    A virus is a piece of software that distributes itself.

    Making "virus distribution" illegal would pose a an interesting logical debate. It is the computer code that distributes itself, so it is the computer code that is breaking the law.

    I am sure that the article was referring to the people who executed the program that distributes the virus, but you can get into a lot of hairy technicalities about what action caused the distribution. Is leaving an unmarked disket with a boot sector virus on it in a public place a distribution?

    Is knowingly not deleting a virus an act of distribution?

  51. Re:the not-so-scientific analogy by MarkusQ · · Score: 2

    If you really think my analogy wasn't any good, why not support that with evidence having to do with viruses, instead of saying that analogies are wrong?

    Sorry, I thought it was obvious (and note, I never said that "analogies are wrong"). For starters:

    It is very hard to learn much about a biological virus by looking at the "source code" (DNA/RNA sequence); it is often quite easy to learn everything you need to know to prevent infection by a computer virus just by looking at the source code. Computer viruses are written by people; biological viruses are not. Likewise, computer systems were designed by people, whereas people were not. This effects everything from the distribution of responsibility for failures to the effectiveness (and need for timeliness in) warnings, etc. It is beyond our present technology to distribute "patches" or "upgrades" to correct the weaknesses that allow our bodies to be exploited by biological viruses. It is quit easy (and common place) to do this with computer systems. A fatal biological virus kills a person (murder); a fatal computer virus takes down a system that may subsequently have to have its software reloaded (vandalism, possibly theft). Computer viruses are much simpler than biological viruses. It is quite legal to publish information about biological viruses in a form that is accessible to anyone who cares to read it. This particular point strengthens your analogy, but weakens the conclusion you try to draw from it. Biological viruses operate at a scale in time and space that makes them very hard to detect, manipulate, etc. Computer virues operate in a space that is totally open to us; you do not need rare or prohibitively expensive equipment to study them, nor do you need years of specalized training (a month or so should suffice, given that you're starting about where a "pre-med" student does).
    I could go on and on. If it weren't for the choice of names and cultural assumption of similarity, I don't think people would be so fond of this particular analogy. For example, we don't hear advertisements, religions, etc. lumped in this category, but the argument to do so is just as strong as the one for lumping computer and biological viruses. Do you propose that it should be illegal to discuss religion with people who aren't theologians? Should it be illegal to distribute advertising copy?

    -- MarkusQ

  52. Code = Speech by SoftwareJedi · · Score: 2, Insightful

    If we are trying to defend the DeCSS code on the grounds that Code is Speech and therefore protected by the first amdenment then we cannot say that distributing virus source code should not be allowed. That would restrict one form of speech but not another. That would play into the RIAA and MPAA's hands.

  53. Badguys.org by kindbud · · Score: 3

    I have concluded that people need to stop thinking they can do whatever they want simply because it's not illegal.

    I have been thinking that someone ought to post simulated naked pictures of Sarah on reallybadguys.org just to prove her wrong.

    --
    Edith Keeler Must Die
    1. Re:Badguys.org by kindbud · · Score: 2

      After seeing this page I am just about convinced that this someone ought to be me... Geez, a Fundie Virus Researcher... What is this world coming to?

      --
      Edith Keeler Must Die
    2. Re:Badguys.org by kindbud · · Score: 2

      Sorry about all the replies to myself, but after seeing this page I am definitely convinced the naked pictures must be simulated. No one should be exposed to the real thing.

      --
      Edith Keeler Must Die
  54. Idea by Have+Blue · · Score: 2

    Potentially malicious code distribution should not be illegal, but perhaps it should be licensed. We require authorization to practice medicine, operate vehicles and firearms, and lots of other potentially dangerous activities (and I would not be all surprised if working with real high-threat viruses was included in there). You'd just have to have a "security researcher clearance" in with all your other certs.

  55. good for Symantec, bad for everyone else by dmoen · · Score: 3, Interesting
    Sarah is a security researcher for Symantec. She doesn't need to rely on public sources to get information about the latest exploits, because Symantec has a huge market share and lots of customers: Symantec can get this information directly from their customers and other contacts.

    Security researchers who don't work for dominant companies like Symantec aren't in such a sweet position, and rely on public forums to learn about exploits. And it's not enough to be told "there is a new virus that attacks X", with the details held secret (eg, known only by Microsoft, Symantec and a few other giants). Security researchers need precise details of how the exploit works, and they need to see the virus code itself in order to write code for detecting that virus signature, or to protect against certain aspects of its behaviour.

    Sarah's proposal is just a way to shut down the competition by criminalizing the only way that independent researchers have for getting information.

    Doug Moen

    --
    I have written a truly remarkable program which this sig is too small to contain.
  56. Conflict of interest + slippery slope? by evilpaul13 · · Score: 2

    Conflict of Interest
    I can't help but imagine, that if no one can see the code to viruses and see how they work that it will greatly reduce the availability of individuals knowledgeable and skilled enough to make antivirus programs. Of course if I worked for Symantec, like the author, this probably wouldn't bother me.

    Slippery Slope
    I also have a problem with criminalizing the distribution of source code that can be put to a bad use. I don't approve of distributing viral binaries, but if they are clearly marked as such why shouldn't someone be able to distribute them to one who would willingly receive them?

    If we start saying that only some code can be distributed, we start down the path (I guess it should be "further down the path" in actuality; see DeCSS) of government sanctioned censoring of any code that is "bad", "malicious", or "dangerous." Expect those to be no more narrowly defined in legislation than the words in quotes above.

    Conclusion
    Legislators are tech-dumb idiots, and trusting them to make intelligient or reasonable legislation on software code is as stupid as trusting a pyromaniac with three gallons of gasoline and matches. They can only make things worse than the now, arguably, are.

  57. Re:Of course not - even less simple by jedidiah · · Score: 2

    Except someone who kills by accident is going to be charged differently than someone who did so by intent. "ignorance" as you describe it is indeed an offense. "ignorance" here is merely negligence. That kind of "ignorance" is infact a defense to many criminal offenses.

    Crimes have their own requirements. Some of those definitions include intent.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  58. Re:Should we or shouldn't we? by jedidiah · · Score: 2

    The question as posed is irrelevant.

    People have the freedom to do publish.

    The question as posed is merely a vieled attempt to advocate state censorship. If you claim that a thing should not be done, you then create the problem of trying to ensure that such a thing is not done. That requires enforcement of a constraint.

    That constraint is censorship.

    We read the article. We were just less naieve about it's contents.

    We are not impressed with attempts to sugarcoat censorship.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  59. Malicious code isn't by rmassa · · Score: 2, Insightful

    Code isn't malicious, people are. Most virus code that is made public is expressly for the purpose of defending against viruses, not spreading them, at least where I frequent. Forgive the gun control reference, but laws only affect the people who obey them. Its just as ludicrous as anti-circumvention laws, which just harm the people who aren't breaking the law in the first place. Why don't we spend all of this effort going after the real criminals/crackers instead of expending endless resources litigating useless laws that do much more harm than good. Knowledge of the enemy and the enemies tactics are the best weapon.

  60. Whooo.. a star! :-) by eddy · · Score: 2

    Hello quantum. You don't know me, but I read and reread all the VLAD zines back when they were current. Thank you very much for all the good times they gave me. I was a big fan of your work back then. You showed good technical skills and a mature way of thinking, unlike lesser groups like IR which I saw as purely juvenile.

    Wow. What a blast from the past.

    --
    Belief is the currency of delusion.
  61. Re:The logical conclusion by jedidiah · · Score: 2

    I'm not even sure this would count as being an accessory to the crime. I think that would only start to be the case once you actually started providing some of the physical components for the device.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  62. Her Motivations by Geek+Boy · · Score: 2

    It seems to me that if viruses are illegal to post then her company gains quite the strategic advantage. Open source virus scanners, for instance, would be very difficult to write since the authors would not be able to get copies of the viruses legally. However her company would be "professional" and of course every major company who gets a virus sends the goods to Symantec for analysis. Hmmm.

    "Sarah Gordon is senior research fellow at Symantec Security Response, and technical director of the European Institute for Computer Antivirus research."

    A quote from her personal web page:
    "
    Are you (or were you?) a hacker?

    The simple answer is "no". Hacking is illegal
    "

    MS Windows should be illegal before a virus is. Distributing a virus with malicious intent should definitely be illegal. Posting the code on a website should not.

    In the US, owning a gun is legal. Putting it on your shelf at home is legal. Showing it to your friends is legal. Putting it in a museum is legal. Transporting it is legal. Shooting someone is not.

  63. Forms of speech describing illegal action by jridley · · Score: 4, Interesting

    Code for a virus is no different than certain Stephen King books. Both can describe illegal action. Nobody is claiming that Stephen King did anything illegal, nor is it illegal for people to buy and read his books. It's illegal to try to do some of the things he describes, in sometimes tiny detail, exactly how to do.

    1. Re:Forms of speech describing illegal action by Crispin+Cowan · · Score: 2
      Code for a virus is no different than certain Stephen King books ...
      This analogy would be relevant only if books came with an "execute" bit that caused them to immediately do what is described in the book when you opened it.

      Because analogies are like goldfish: sometimes they have no bearing on the subject at hand :-)

      Crispin
      ----
      Crispin Cowan, Ph.D.
      Chief Scientist, WireX Communications, Inc.
      Immunix: Security Hardened Linux Distribution
      Available for purchase

  64. What should be illegal by jafac · · Score: 2

    What should be illegal is designing and distributing a lame operating system which makes it impossible for the user to tell what each and every process running on the machine is and does, and who installed it, at what time, and how, and where the process was commanded to start from, and what effective rights that process has -
    And all this information needs to be made available to the user in a format easy enough for my mother in law to understand.

    Remove the veil of secrecy, the obscurity, and you remove the cover under which viruses operate, and you eliminate 90% of their opportunity to spread and cause damage.

    Now, I'm specifically talking about trojans.

    For viruses - each and every file containing executable code should also be registered to a central database or listing on each individual machine, (which can be validated against the vendor's "official list" where we're talking about commercial code - and for open source, well, if the guy's writing his own binaries, he can, and should, validate them himself)
    and each of these files should be validated by checksum - maybe even md5, and changes logged and timestampped in this database. If you can see the changes happening to your binaries - and if that data is easily and quickly accessible, then you can catch viruses too.

    I don't see why this is such a problem - other than the fact that it's a bit of extra infrastructure and overhead, and would eat into the economic efficiency of the software industry.

    In other words: Viruses are possible, because the software manufacturers don't want to invest in a prevention infrastructure.

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  65. Re:Virii and OSs. by Stonehand · · Score: 2

    Well, as long as you realize that you're criticizing Linux as well...

    (Bliss, Ramen, et al...)

    --
    Only the dead have seen the end of war.
  66. Re:I think so by Stonehand · · Score: 2

    Hm? I'm not sure about broadcast radio, but you can certainly publish books on explosives, or on vandalism, or how to operate a meth lab, or so forth. Heck, there was a company (Paladin Press, if memory serves) that even published books that were guidebooks for, say, how to be a hitman. You can publish quite nasty stuff and still be covered by the First, as long as it's not obscene and you're not stomping on any other laws like breaking an NDA you signed.

    --
    Only the dead have seen the end of war.
  67. Follow the Money by Anonymous Coward · · Score: 2, Interesting

    Who does Sarah Gordon work for?

    Symantec.

    What does Symantec do?

    It writes VIRUS DETECTION software.

    What do large corporations like Symantec hate the most?

    Competition.

    If it is illegal to distribute the source code to viruses, then others clearly cannot examine the code in order to defeat it. Symantec, since it is a large corporation, will always be exempt from such law.

    So what would should a law do? Reduce competition for Symantec by disallowing others to examine and write counter-virus software lest they be labeled lawbreakers for distributing the virus!

    Sneaky.

  68. Re:shoot 'em by Stonehand · · Score: 2

    Commented out? If you leave that in, you leave a loophole a mile wide:

    e.g. if it's C source,

    /*----cut----*
    virus code here
    *----cut----*/

    or, better, use "#if 0" or "if (0) {}", which, technically, disable the code.

    --
    Only the dead have seen the end of war.
  69. Make it illegal!!! by Pedrito · · Score: 2

    That's just the first step. First you make creating a virus illegal. The next step is to arrest God for creation of the flu virus, ebola, smallpox, the FelV virus, parvo, you name it. Man, we can really nail him on this.

  70. CURE by Alsee · · Score: 2

    I'm all in favor of making virus distribution illegal. If someone gets a cold, just slap them in jail for a few days till they get over it. We must protect the children! Finally, a cure for the common cold!

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  71. No population -- no popular unrest!! by Reziac · · Score: 2

    ... as an SF novel once put it.

    Various governments HAVE tried to remove people from the equation, with the predictable result that a lot of people wind up incarcerated or executed for expressing unauthorized thoughts.

    So let's define virus source code as Unauthorized Thought. Now explain to me how this differs from writing and distributing DeCSS?? After all, by at least one government's definition, DeCSS is Unauthorized Thought, because the code CAN be used to break the law.

    Creating something that is POTENTIALLY malicious is NOT the same thing as ACTING WITH MALICE. But if the two become legally entangled, ALL freedom of thought is in peril.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  72. Why is this a gun discussion? by Dephex+Twin · · Score: 2
    Yeah, so the FBI is "putting a slant" on the information by claiming that at least 200,000 violent crimes a year are prevented by the fact that the intended victims are armed? That's a good one.

    Yes, I am saying that is subjective. How many of those violent crimes would have never happened in the first place without guns involved? What qualifies as having a violent crime "prevented" with guns? These are rhetorical questions. Do not answer them.

    And you would trade 1500 accidental deaths for an additional 200,000 to 800,000 violent crimes. If so, your priorities are completely whacked.

    I'm saying it's not black and white, one or the other, trading off. Why couldn't there be a way to reduce both of these things?

    But, most importantly, why is this suddenly a gun discussion? You obviously have very strong opinions about guns, but this was supposed to be about viruses.

    And then you really missed what I said in the last post by giving me more statistics. I am not interested in having a gun-laws debate.

    The only reason those links were from a Brady site is because that's the first thing that came up in a Google search. It's funny that you assume I must believe foolishly in some grand conspiracy about faked statistics 1) without really knowing my stance on guns and 2) while at the same time indicating the the Brady supporters *do* have a conspiracy.

    Really, you should calm down. I'm really not nearly as interested in this as you. I was only pointing out grey area so that you could perhaps realize that such a grey area exists. My conclusion is that you can't see this. Up until now I thought this was at least in some way relating to viruses.

    It seems like you wish you could have a good argument about guns, I really can't find another reason. I'm not interested.

    I was hoping to get across that no matter what you believe, with an inability to listen, you won't be convincing any new people.

    This has been odd.

    mark
    --

    If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    1. Re:Why is this a gun discussion? by Dephex+Twin · · Score: 2
      Then demonstrate your disinterest by not posting a reply.

      I meant that I wasn't interested in debating about guns. I was interested in talking about the topic, viruses.

      If you think trying to return the discussion to the topic at hand is trolling, I disagree.

      You asked, I'll answer as I please.

      That's fine, it just seems like a lot of extra typing that nobody will read.

      mark
      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan