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Clean Needles for Hackers

scubacuda writes "Jon Lasser of the Register opines that we should "give up on the notion that computer security can be improved by putting more people in prison." He argues that a "harm reduction" approach (similar to that of "clean needle" campaign in the War on Drugs) might be more productive. If we, say, wrote in safer programming languages, used tools like Immunix's StackGuard, ProPolice, or OpenBSD 3.3, chroot and UML, we could reduce the damage a malicious hacker might do without damaging our civil liberities."

285 comments

  1. That's all well and good by Anonymous Coward · · Score: 1, Funny

    As a personal choice, but demanding other people make the same choice takes away the freedom you're trying to protect. The people committing the crimes are the ones that should have their freedom restricted.

    1. Re:That's all well and good by dr2chase · · Score: 2, Interesting

      It's unclear whether your question is one of morality, or deterrence. I'll assume deterrence for the moment. A punishment is only a credible deterrent if it is actually likely that the criminal will get caught. The false-positive rate of the deterrence (innocent people punished, or merely innocent people spending weeks demonstrating their innocence in court) and the surveillance infrastructure needed to improve the accuracy of the punishment both reduce our freedom.

    2. Re:That's all well and good by Anonymous Coward · · Score: 0

      So is operating insecure systems a crime or not? The problem is that the real criminals won't get caught without a reasonable level of system security in place. If you choose to use exploitable software, you're potentially providing an anonymizing hop to an attacker. Your choice harms others, and that's usually where the limit for freedom should be, right?

    3. Re:That's all well and good by Anonymous Coward · · Score: 0

      The crime is in harming others. If I choose to leave my car unlocked, that should not be a crime. You stealing my car, and then possibly using it to kill someone, should be.

    4. Re:That's all well and good by borgdows · · Score: 1

      I you would have left your car locked, I *couldn't* commit a crime. I won't have stolen your car, and then I could'nt use it to kill someone!

    5. Re:That's all well and good by Anonymous Coward · · Score: 0

      So, if I visit your house and stab you with the knife you left on your kitchen counter, it's your own fault? Good to know.

    6. Re:That's all well and good by borgdows · · Score: 1

      It's why I use only plastic forks&knifes at home, it's safer for children and there is no cleaning ;)

    7. Re:That's all well and good by tha_mink · · Score: 1

      Sometimes the effect of punishment goes beyond deterrence and beyond rehabilitation. Sometimes, it's important to punish people just in order to give society a sense of justice being served.

      --
      You'll have that sometimes...
    8. Re:That's all well and good by Anonymous Coward · · Score: 0
      It is official; Netcraft now confirms: *BSD is dying

      One more crippling bombshell hit the already beleaguered *BSD community when IDC confirmed that *BSD market share has dropped yet again, now down to less than a fraction of 1 percent of all servers. Coming on the heels of a recent Netcraft survey which plainly states that *BSD has lost more market share, this news serves to reinforce what we've known all along. *BSD is collapsing in complete disarray, as fittingly exemplified by failing dead last in the recent Sys Admin comprehensive networking test.

      You don't need to be a Kreskin to predict *BSD's future. The hand writing is on the wall: *BSD faces a bleak future. In fact there won't be any future at all for *BSD because *BSD is dying. Things are looking very bad for *BSD. As many of us are already aware, *BSD continues to lose market share. Red ink flows like a river of blood.

      FreeBSD is the most endangered of them all, having lost 93% of its core developers. The sudden and unpleasant departures of long time FreeBSD developers Jordan Hubbard and Mike Smith only serve to underscore the point more clearly. There can no longer be any doubt: FreeBSD is dying.

      Let's keep to the facts and look at the numbers.

      OpenBSD leader Theo states that there are 7000 users of OpenBSD. How many users of NetBSD are there? Let's see. The number of OpenBSD versus NetBSD posts on Usenet is roughly in ratio of 5 to 1. Therefore there are about 7000/5 = 1400 NetBSD users. BSD/OS posts on Usenet are about half of the volume of NetBSD posts. Therefore there are about 700 users of BSD/OS. A recent article put FreeBSD at about 80 percent of the *BSD market. Therefore there are (7000+1400+700)*4 = 36400 FreeBSD users. This is consistent with the number of FreeBSD Usenet posts.

      Due to the troubles of Walnut Creek, abysmal sales and so on, FreeBSD went out of business and was taken over by BSDI who sell another troubled OS. Now BSDI is also dead, its corpse turned over to yet another charnel house.

      All major surveys show that *BSD has steadily declined in market share. *BSD is very sick and its long term survival prospects are very dim. If *BSD is to survive at all it will be among OS dilettante dabblers. *BSD continues to decay. Nothing short of a miracle could save it at this point in time. For all practical purposes, *BSD is dead.

      Fact: *BSD is dying

    9. Re:That's all well and good by Anonymous Coward · · Score: 0

      guess you don't lock your front door either ;p

  2. What??? by madman101 · · Score: 3, Insightful

    How does punishing people who commit crimes reduce our civil liberties?

    1. Re:What??? by Anonymous Coward · · Score: 0
      congress passes thousands of rules and regulation changes every year. And so does every state legislature.


      Is that because the thousands of laws passed the previous year weren't enough? Murder, for example is already a crime. But everytime some kid shoots somebody, some people seem to believe th only answer is more laws, rather than enforcing the existing ones.

    2. Re:What??? by pubjames · · Score: 5, Insightful

      How does punishing people who commit crimes reduce our civil liberties?

      It depends on what is defined as a crime, and what the punishment is.

      Law is all about drawing lines - what is acceptable and what isn't. At what point does a particular act become unacceptable. If, for instance, saying things that were "unamerican" became a crime, then that would clearly be a reduction in our civil liberties.

    3. Re:What??? by Enry · · Score: 4, Insightful

      The focus should be on preventing crime in the first place, not punishing someone after the fact.

      Spending $10k to have someone go to AA to treat his alcoholism is a whole lot less than the $40k/year when he's in jail after beating his wife in a drunken rage, no?

      Same idea here. You prevent the ability to commit a crime, and it can't happen (or the results are less severe). If you let them happen, you often times get an overraction from the authorities.

    4. Re:What??? by satch89450 · · Score: 5, Insightful
      How does punishing people who commit crimes reduce our civil liberties?

      Define "crime" as "harm to society" and you start to see that many of the "crimes" on the books are not true harm, but rather annoyances on the order of "disturbing the peace." The thicker the statutes become, the more likely you will run afoul of them. (Some people claim that LEOs like this, because it lets them engage in selective enforcement to punish those people doing things said LEOs don't like.)

      "I didn't know about that law!" is not a defense; as you pile on more laws, though, the chance that you didn't know about that law rises to unity. Using firearm laws as an example, the laws on the books since we were children were not being enforced, so the "popular" answer was to pass new laws! Some of those new laws made sense, some of them just warmed over what was already on the books.

      The problem is that a legislature is sorely tempted, at some point, to stop telling us prohibitions and start telling us permissions. At that point, civil liberties are out the windows.

    5. Re:What??? by 0x00000dcc · · Score: 1

      Spending $10k to have someone go to AA to treat his alcoholism is a whole lot less than the $40k/year when he's in jail after beating his wife in a drunken rage, no? Sure, if the efficacy of such treatment warrents its appropriateness to switch paradigms. But I'm not sure this sort of idealism works.

      --

      -- (Score:i, Imaginary)

    6. Re:What??? by GodHead · · Score: 1

      If the punishment does not fit the crime. See drugs, usage of.

      I agree criminals should be punished but I also think the DMCA = BAD and hacker laws should be re-written

      --
      Just wait till some crappy band steals your nic.
    7. Re:What??? by TopShelf · · Score: 1

      And are there really that many people in prison for hacking? And who says that there's a choice between prosecution and prevention anyway? Preventative measures are being looked at already across most organizations...

      --
      Stop by my site where I write about ERP systems & more
    8. Re:What??? by ahoehn · · Score: 0, Troll

      I'll assume you're new here. You'll soon learn that hackers should never be put in jail. It's our right to break into improperly secured systems. It's practically written into the constitution, or at least it would be if the DMCA and RIAA hadn't removed it. Hacking = Good. Arresting Hackers = Bad. Next time read the Slashdot Necessary Moral Stances For Successful Moderation FAQ before you post.

      --
      Mod my comments down. It'll be fun.
    9. Re:What??? by gricholson75 · · Score: 3, Insightful
      The focus should be on preventing crime in the first place, not punishing someone after the fact.
      No. This way leads to madness. This is how police states get started. If we had armed guards and cameras on every corner, I'm sure there would be less violent crime, but I wouldn't want to live here. The best defense to lower crime AND protect liberties, is to have STRONG deterents to commiting crime. The problem in modern america, is that if you commit a crime, even if you're caught, likely you won't serve very long because we have a wussy legal system. As far as I'm concerned, if you kill someone while robbing them, and if can be proved beyond reasonable doubt, you should be put away forever. Now, the bleeding hearts will tell that young kids who do that sort of thing shold get a second chance. And I might even agree. But, if it was a well known fact that if you did the crime you WOULD do the time, I think there would be alot less of it.
    10. Re:What??? by Anonymous Coward · · Score: 5, Interesting
      The problem in modern america, is that if you commit a crime, even if you're caught, likely you won't serve very long because we have a wussy legal system.
      America has 25% of the world's prison population.

      America imprisons a higher percentage of its population than China, Saudi Arabia or Syria.

      One in four young black males in America has served time in prison.

      Yet people still believe America has a "wussy" legal system and that imprisoning more people will help reduce crime.
    11. Re:What??? by ratamacue · · Score: 4, Insightful
      Law is all about drawing lines - what is acceptable and what isn't.

      That's exactly the sort of thinking that got us into this mess of huge, bloated, corrupt, oppressive government in the first place -- the idea that government's function is to tell us what's "acceptable" and what's not. The idea that government -- or a majority -- knows what's best for an individual better than the individual themselves. This is a very dangerous mode of thinking.

      Government's function is to protect us against the initiation of force -- to secure our property rights. Everything beyond that is arbitrary by definition, and necessarily screws over somebody for the benefit of somebody else.

    12. Re:What??? by Diamondback · · Score: 0, Flamebait

      the focus should actually be on removing reasons for people to commit crimes, not just 'preventing' them. you can prevent crimes by making the actual doing of them nearly impossible... end result? 1984.

      but if you remove the reasons for people do want to commit crimes, then you only have to deal with the really hardcore/hardwired criminal types instead of troubled youth stealing cuz it makes them fit in, etc.

    13. Re:What??? by Anonymous Coward · · Score: 0
      Government's function is to protect us against the initiation of force -- to secure our property rights. Everything beyond that is arbitrary by definition, and necessarily screws over somebody for the benefit of somebody else.
      Uh --- securing your property rights screws over somebody for the benefit of somebody else. Look up the history of the Enclosure Acts.
    14. Re:What??? by gricholson75 · · Score: 2, Insightful

      I agree. Perhaps "horribly broken", whould have been a better moniker. Fact is, I wonder if you let the people imprisoned on minor drug offenses out, how those numbers would change. I am in favor of harsh sentences for violent crime. And no buying your way out of it ah la O.J. I don't see how that is a bad thing, I really believe that some people can not be rehabilitated, and should not be among the general population, am I alone on that?

    15. Re:What??? by NineBall · · Score: 1

      "Government's function is to protect us against the initiation of force -- to secure our property rights."
      I always thought that was what firearms were for.

      --
      You may not agree with what I'm saying but I'll kill you for my right to say it
    16. Re:What??? by pe1rxq · · Score: 1
      The idea that government -- or a majority -- knows what's best for an individual better than the individual themselves. This is a very dangerous mode of thinking.


      You would rather have everybody making up their own mind? Some people will have very different ideas about 'acceptable' than you might have. This is why the government should draw the line. This should ensure that you get laws that obey common (common as in a democratic majority of SANE people) sense.
      Unfortunatly most people lack the intelligence to look beyond their own puny opinion which results in a government making overly restrict laws.


      If done right the government should be the one drawing lines, but the lines should be drawn liberally to ensure that different opinions among the people can exist.


      Jeroen

      --
      Secure messaging: http://quickmsg.vreeken.net/
    17. Re:What??? by ratamacue · · Score: 1
      securing your property rights screws over somebody for the benefit of somebody else

      Unless you consider the "social contract" (i.e. taxing) an initiation of force (and I would completely understand that), I can't imagine how the core function of government (which is to secure our natural property rights) represents an initiation of force.

    18. Re:What??? by Sylver+Dragon · · Score: 1

      I really believe that some people can not be rehabilitated, and should not be among the general population, am I alone on that?

      Not at all, that is why we here in California passed that whole "Three Strikes" law. Its supposed to work kinda like baseball, you commit three felonies, and we lock you up and throw away the key. Nice idea, sadly our judges have neutered it. They will often reduce a previous conviction of a person, facing this sort of thing, to a misdemeanor, thus allowing them to avoid the life imprisonment. Further, I wonder why are are spending the $40K/year on these sorts of people, they have proven themselvs to be a parasite on society, treat them as such, three strikes and you face a firing squad.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    19. Re:What??? by FunnyBunny · · Score: 1

      Our civil liberties are reduced every time another activity is criminalized. Under the DMCA, possession and use of reverse engineering tools is a crime. Does that mean my possession and use fo GBD is now a crime?

    20. Re:What??? by damien_kane · · Score: 1

      I always thought that was what firearms were for.

      No, firearms are for hunting large animals, and keeping the king of France out of your backyard.
      (paraphrased from 'The Simpsons', I believe)

      Alternatively, for protection from 'zee Germans'... (Snatch)

    21. Re:What??? by tha_mink · · Score: 2, Insightful

      "America has 25% of the world's prison population."
      "America imprisons a higher percentage of its population than China, Saudi Arabia or Syria."
      "One in four young black males in America has served time in prison."

      Maybe that's because we live in a society that doesn't take the proper steps to deter crime or assign responsibility. (you mention Syria, we KNOW what they do with their criminals). Or maybe since we don't (usually) give people the death penalty, desperate people will take desperate measures. Or maybe one in four young black males get raised in an environment that condones committing crimes or even thinks lightly of committing crimes.

      Or MAYBE...it's just tha_man trying to hold us all down!

      --
      You'll have that sometimes...
    22. Re:What??? by Anonymous Coward · · Score: 0
      "I didn't know about that law!" is not a defense


      The funny part about this is that most Americans are not literate enough to actually be able to read the law. I remember reading somewhere that the average reading level for a US Citizen is that of a 6th grader. It seems unfair to write laws that the general population can't even make out.

      That added on to what you brought up, Victimless crimes shouldn't be punished as harshly as they are.

      Hackers are a special case, and being delt with harshly because of the ignorance of lawmakers. "Damages" are made out to be much more than they really are, the kicker is after a hacker gets out of jail they don't let them use computers for a few years. Now if a car thief gets out of jail, they don't make him or her ride the bus for 2 years after that.

      I'm all for punishing hackers, but let the crime fit the punishment.
    23. Re:What??? by gricholson75 · · Score: 1

      Well, California's law is for any felony, and I think that is a bit broad. I mean, if a person is caught shoplifting (which can be a felony over $500 IIRC) three times, that's not necessarily a thing deserving a life sentence, but three armed robberies, three rapes, sure. I was kinda focusing on violent offenders.

    24. Re:What??? by NineBall · · Score: 1

      Now you're thinking of mustard gas (a wonderful invention, IMO).

      --
      You may not agree with what I'm saying but I'll kill you for my right to say it
    25. Re:What??? by calvinthorne · · Score: 3, Insightful

      I often ponder on the "ignorance is not a defence" topic. Do you think at some point we could fight back with a class action lawsuit claiming that there is no way for a typical human to be sure that s/he is in compliance with all the local laws? If someone actually tried to memorize every law that applied to them it would be quite a task. And, of course, some of them change when you go to work in a different city/county/state.

    26. Re:What??? by Tony+Hoyle · · Score: 1

      Iraq apparently had a very low crime rate before SH was sent on a permanent holiday in the bahamas.

      At one time the safest city in the world was Belfast - because every street was crawling with soldiers, and even joyriders didn't reoffend (since they tended to end up shot in the head).

      As a society we need to define how far we're going to go to prevent crime... ultimately being free involves being free to do wrong, otherwise it isn't freedom at all.

    27. Re:What??? by Anonymous Coward · · Score: 0
      The funny part about this is that most Americans are not literate enough to actually be able to read the law. I remember reading somewhere that the average reading level for a US Citizen is that of a 6th grader. It seems unfair to write laws that the general population can't even make out.

      Not only that, but the legal system is so damned complicated, even educated people will fumble when they encounter it.

      I filed for Chapter 7 bankruptcy some years ago. I decided that since the procedure was so straight forward, I'd go with one of those paralegal services that did the paper work and you went to the hearing pro se. I ended up having to file a motion to deal with one of the more stubborn creditors. I was at the courthouse, asking for "the form" from the clerk. She informed me there are no stock forms for such a motion, and that it's up to the person or their counsel to draft one. I made some off comment about how did mere mortals expect to wade through the system. There was a lawyer in the office who overheard my comment. He somewhat snidely remarked, "Because the law is complicated. You wouldn't perform heart surgury on yourself, would you?" I was pretty annoyed at that. You see, the human body is complicated due the way nature (or you diety of choice) designed it out of necessity. The law, on the other hand, is written arbitrarily complex, by lawyers, so that pretty much only lawyers can effectively handle it. Big difference.

      So yeah, you get screwed by the legal system no matter what side you're on. Unless you're a lawyer, of course -- you get paid no matter what. ;) The barrier to entry to deal with the legal system is just too high for most people.

    28. Re:What??? by AeternitasXIII · · Score: 1

      No. This way leads to madness. This is how police states get started. If we had armed guards and cameras on every corner, I'm sure there would be less violent crime, but I wouldn't want to live here. The best defense to lower crime AND protect liberties, is to have STRONG deterents to commiting crime.

      So what you're saying that you'd like to prevent crime by providing deterents? Isn't prevention of crime exactly what you were also saying "leads to madness"?

      The problem in modern america, is that if you commit a crime, even if you're caught, likely you won't serve very long because we have a wussy legal system.

      The real problem with modern America is that our propaganda and nationalist demagogury promises the world to people, yet many of them live continually on the edge of poverty or in poverty despite constant hard and dedicated work. Their children grow up disillusioned and decide that the risks associated with robbing a 7-11 or dealing crack on a street corner are less than the rewards of respect from their peers and the cash that stands available. Why should they care if they kill someone in the process of robbery if their society continually depicts itself as the ultimate socially darwinistic state? Their greed and passion can drive them to overrun their fellow humans and come out on top. Jail is meaningless to these people because in many cases, jail time is a guranteed future in which they know they'll be adequately taken care of. That is often times a step up from their current position in life.

      The problem is even worse when you begin looking at white collar crimes like hacking and cracking. Corporate loyalty, if it ever existed, is almost certainly dead this day in age. With Enron and countless other companies demonstrating that workers are best served governing their own interest without respect for the good of the company, is it a wonder that internal hacking indicidents are on the rise? If your office manager just recieved an X-mas bonus that doubles his reported annual income, and you could likely be fired next quarter because earnings on the dollar were a penny short of Wall Street expectations, why shouldn't you create your own X-mas bonus by fencing your employer's trade secrets and code to the nearest competitor? The company means nothing to you, and the damage to society is negligible since in your eyes the company is only serving the interests of a few dozen shareholders you've never seen or heard of. You'll be out of jail in under a decade (even serving a full sentence without parole) and with proper planning, you'll retire to a nice condo in the Caribbean isles and never have to run the corporate rat race again. The other category of hackers, the high school/college students see infamous individuals like Mitnick coming out of jail and ready to start their own network security firms with the name and reputation to help get them started.

      The commission of the crimes has nothing to do with the legal system being "wussy" in either of these cases. The crimes committed aren't severe enough to warrant tougher sentences since they're not violent and very little real damage was ever done (inflated monetary claims by involved companies are almost certainly a joke). These crimes have to do with more fundamental reasons of economics and societal ethics. Individuals have few reasons to be loyal or dutiful to companies or their fellow citizens, since its been made clear to them that those companies and citizens have no loyalty or sense of duty towards them. Their crimes aren't severe enough to get them sentences longer than a decade, with half that given good behavior in jail. If they plan it right they'll be able to leave jail and retire and never again have to rely on society for income.

      If you want to see these sorts of crimes stop, you need to give these people real chances for rewards that far outweigh what they gain by committing a crime. You need to give the teenage hackers positions where they can learn the computer skills they're curious about while earning the respect of people in the field. You need to give the workers the job security and retirement benefits that will convince them that their company won't abandon them the moment some CEO's performance bonus is threatened by a sagging Asian market.

    29. Re:What??? by Sylver+Dragon · · Score: 1

      I do agree, there are some instances where a reduction of a previous crime is probably not a bad idea, the example you provided, for instance. But, I would say that any criminal who has a history of violent crime needs to have a bullet put in them, and be done with it.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    30. Re:What??? by EllisDees · · Score: 1

      Actually, it does.

      "Treatment is seven times more cost-effective than domestic drug enforcement in reducing cocaine use and 15 times more cost-effective in reducing the social costs of crime and lost productivity."

      --
      -- Give me ambiguity or give me something else!
    31. Re:What??? by 0x00000dcc · · Score: 1
      I'd love to know why the Clinton administration (remember Jocelyn Elders' views on drugs?) would discount such a study?

      In light of the fact that the article does not go into detail on how the study was devised, I can't just blindly accept it. Chances are it was not a true experiment, it sounds epidemiological in nature, without controls, and the website hosting the article doesn't exactly appear unbiased. I'm a scientist - I try to consider the sources in determining causality. What what the N on that study? What was the design? Who funds RAND?

      Don't get me wrong, I think extra drug/rehab is a great idea, but getting rid of the enforcement aspect could be quite catastrophic.

      --

      -- (Score:i, Imaginary)

    32. Re:What??? by jvervloet · · Score: 1
      The best defense to lower crime AND protect liberties, is to have STRONG deterents to commiting crime.

      It would even be better if all people were aware of their responsabilities for the society, and showed some respect for the rest of the world. Sadly enough there is no trivial way to achieve this.

    33. Re:What??? by AstroDrabb · · Score: 1

      Everyone should be able to make up there own minds by a democratic vote of the people. The way it is now in the USA is we have 535 idiots in congress that pass laws that are paid for by big corporations. Congress are legally allowed to collect bribes for votes and call them "campaign contributions". How else do you think laws like the DMCA get passed? I think we need to change to a true democratic voting system instead of an represented democratic system, where every American can cast thier vote on a law. We can still have members of congress. However, thier job will be to propose laws, and then the American people can vote on the law. Remember, this country was started by the Poeple and for the People, who better knows what is best for the people then the People. Sadly, this once great nation has become a country by the people and for the governmnet.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    34. Re:What??? by dudepigeon · · Score: 1

      Please...entering my system or network device is a crime, regardless of the entry point. As is going into someones house via an open window. Convicted hackers are criminals who need to spend a little time being Friday nights jail entertainment to get an undestanding of what is right and wrong.

    35. Re:What??? by Anonymous Coward · · Score: 0

      Your example is not a very good one, since alcoholism in itself is not criminal or punishable.

      Many AA instances are strongly religious groups, which may or may not be suitable for any given person.

      Another issue is that many alcoholics are not dangerous to anyone other than themselves. There is a vast spectrum of possible psychological reactions to alcohol - it makes some people dangerous and abusive, it makes others pleasant and docile.

      Likewise, there are a lot of possible reasons for addiction. The AA focuses on alcoholism as a disease - which applies to some cases, but not all. For some people, alcohol is something that is either impossible to control in use or causes such bad behavior that they should avoid it by total abstinence. For others, it's a nuisance that can get out of hand usage-wise, but can be controlled and doesn't pose a threat to others.

      Myself, I've sometimes gone through periods where I've used far more alcohol than healthy, much more frequently than healthy. However, I wouldn't even consider driving while drunk, and I've never behaved violently. The worst I've ever done is tell people personal things that I probably shouldn't have.

      Crime prevention can be done at the level of preventing social problems that are often the cause of crimes, but extending it to an individual level is dangerous, because you're labeling people as "potential criminals". Giving people opportunities to deal with their problems is good, forcing them to behavior that you consider acceptable is not.

      Prevention of social problems is best done by ensuring decent levels of education and standards of living, not by forcing conformity or conservative values, like many people seem to believe...

    36. Re:What??? by Anonymous Coward · · Score: 0

      I agree that some people can't be rehabilitated, but I'm very skeptical about the ability of anybody to determine who the people who can't be rehabilitated are.

      Except of course in the case of repeat offenders with multiple convictions (serious, unlike under the California three-strikes rule).

      But based on the people I know, I'd say that the wife-beaters are a much more dangerous bunch than the drug dealers, but the latter seem to get punished more easily and more harshly.

    37. Re:What??? by Anonymous Coward · · Score: 0

      This is a valid point, especially considering that the direction is that more laws (criminalizing more things) are passed, and old laws are hardly ever changed (except to add more punishable offenses).

      Nobody will run for office on a "get rid of those stupid laws" platform, everybody runs on a "tough on crime" platform.

      Of course the jury-based justice system ensures that laws that are completely against common sense will not be enforced, but there are very real problems with old laws that are often understood to be "unenforced" (especially sodomy laws) but which, when selectively enforced in certain puritanical regions, are going to actually be upheld...

      But in this day and age of readily available information on the Internet, perhaps a new law should be passed that requires states to provide a database for people to check whether what they are doing is legal, organized by category (e.g. sexual activity, subcategories - age of consent, public vs. private places), and a valid defense would be that the activity in question was not filed correctly under this database.

      This would naturally evolve into a system where people would reject anything that would result in overly complicated regulations.

    38. Re:What??? by Anonymous Coward · · Score: 0

      I didn't think much of America's prison population until I read this article on CNN earlier this month: http://www.cnn.com/2003/LAW/04/07/prison.populatio n.ap/

      "...1 in every 142 U.S. residents was in prison or jail in mid-2002"

      shit.

    39. Re:What??? by vinay · · Score: 1

      But then you're saying the government shouldn't get involved in cases such as libel or slander, right (for instance)?

      Does that mean that I can start telling egregious lies about you, and there's no repercussion? What if I post an article in the local newspaper saying that your store is a front for the mafia, and I make up tons of proof about it.

      Sure, you might be able to disprove it, but only after considerable damage is done to your business. I haven't gone anywhere near your property. How will you respond?

      And, even we accept that government has the limited role of securing our property rights, how will they do it? They need money, correct? And how else does the government get money but by levying taxes? How do they levy taxes? Right. By passing laws.

      Your idea of a government is one that has no ability to do anything. You would prefer that we all live on our own little plots of land and never interact.

    40. Re:What??? by Fulcrum+of+Evil · · Score: 1

      you commit three felonies, and we lock you up and throw away the key. Nice idea, sadly our judges have neutered it. They will often reduce a previous conviction of a person, facing this sort of thing, to a misdemeanor, thus allowing them to avoid the life imprisonment.

      I think it's a horrible idea, and I'm glad that judges are cutting it down. They're judges - that's their job. It's especially germaine when you consider wacky gun laws and the DMCA, where cracking encryption can get you a felony.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    41. Re:What??? by SirLanse · · Score: 1

      So I only drink when I need to get drunk. I have not assaulted anyone yet. Do I have to go to AA every night? Who is going to make me? Who decides who must go to AA? Will big brother be nice? How many 'Not Yets' will you treat and how much will it cost? More than jail!

    42. Re:What??? by geekee · · Score: 1

      His point is that a govt. should protect the rights of individuals, which basically allows an individual to do whatever he wnats so long as is doesn't interfere with the rights of another. This is an objective morality which is understood by reasonable people. Anything beyond this involve providing for someone at the expense of someone else (e.g. welfare, social security). He is not implying that everyone should be able to make up their own rules, i.e. moral relativism

      --
      Vote for Pedro
    43. Re:What??? by geekee · · Score: 1

      No. A police state starts when the people in charge place their own agendas before the rights of the people they serve. If cameras exist on every corner, that does not mean they will be used to persecute someone unless someone in charge decides to use them for this purpose. A security camera can be good at preventing crime without abusing civil liberties if the govt. laws are just and obeyed properly.

      --
      Vote for Pedro
    44. Re:What??? by Enry · · Score: 1

      This is what I get for making a hypothetical situation (I drink too, nor have I assaulted anyone).

      The point is that finding the reason why crimes are commited and working backwards, you can prevent crimes from happening in the first place. This isn't a situation of "lock everyone up that looks at you funny" nor is it "send everyone to AA". This is about balance.

      Why can machines be broken into so easily? Three big reasons: shoddy coding, shoddy administration, and social engineering. This isn't because there are big bad h4x0rs out there looking specifically for you, it's because you left the keys in the ignition and the door unlocked. Why don't you just attach a bit to your TCP header that says "I don't run antivirus software and my admin password is null".

      While correcting these three issues won't solve all situations, I'd wager that it would take care of greater than 3/4 of the security issues out there right now.

    45. Re:What??? by Sunnan · · Score: 1

      The very thing you call property rights is arbitrary, as there are many different philosophies as what is property.

      There are even some who twist the lockean provisio into some pro-intellectual-property argument. Sheesh.

    46. Re:What??? by Jellybob · · Score: 1

      You know those 535 idiots in congress you mentioned?

      Their full time job is to discuss issues, and vote on your behalf... if you switch to a true democratic system, where everyone can vote on everything, one of two things are gonna happen.

      1. The entire country grinds to a halt, as every single issue that can be voted on causes large numbers of people to go and vote when they could be working, and people are then needed to count votes.

      2. People become even more apathetic about voting, since they don't have the time/motivation/whatever to go out and vote on all these issues, and eventually just stop listening to what they should be voting for.

      However you can vote for a different "idiot" to represent you in congress... hell, you can even try to get other people to let *you* be that idiot.

      As much as you may think that congress are load of idiots, they seem to be doing a pretty good job at keeping your country (I'm in the UK, but people say the same things about our government) running. Sure they make some bad decisions, but that's why laws can be ammended or revoked in the future... someone must have noticed that even politicians are human.

    47. Re:What??? by Anonymous Coward · · Score: 0

      ...but you say it should apply to all felonies, but what about someone convicted of felony check fraud, they should serve life sentences?

      Get real.

      California's 3-strikes law, as currently implemented, is stupid.

    48. Re:What??? by Anonymous Coward · · Score: 0

      I hope that someday you get raped, so you know what it's like, fuckface.

    49. Re:What??? by Anonymous Coward · · Score: 0

      You're an absolute moron. Throughout human history the majority has always prevailed. We are social animals, thus, the individual matters little. In the past, those who thought they knew better than the majority would be cast out of the group (tribe) and perish. It is only now that the tribe has created such a solid framework that pathetic losers like that (and you), can run around pretending not to be swayed by it. The truth is, and I doubt you will accept it, is that you are a prisoner of majority, by the very fact you are human.

      The group knows what's better overall than the selfishness of an individual. Once you grow up and visit the real world, this will become apparent. This is a basic fact of reality, those who do not accept it, well, they're laughed at really.

      Consequently, this is why socialist countries are far more developed. Instead of hanging onto some centuries-old ideology that's been disproven time and time again (and continues to be every day), they forged ahead experimenting with more logical ideals. Property rights, aaaah, what a load of shit, can't we get past the 1500s?

    50. Re:What??? by Anonymous Coward · · Score: 0

      What you are talking about is ignoring the causes of crime. For example take the Columbine school shootings, what type of laws imposing horrible punishment would have prevented that? People who don't care about the ramifications of their actions are not deterred by consequences. Consider two facts: 1) Kids who get better grades in school are a lot less likely to commit crime. 2) Kids who have smaller class sizes are more likely to get better grades. People who have nothing to lose are a lot more likely to risk taking illegal action.

    51. Re:What??? by Anonymous Coward · · Score: 0


      Hold on ! Just a minute !

      If you prevent crime, then all that money cannot be concentratedly spent on (and in) the Judicial and Penal Systems, nor can its miriad providers be awarded public contracts, and employ hundreds of thousands (if not millions) !

      Less people will study to be Judges and Lawers. Higher education and publishing will suffer ! Not to mention the security, construction and catering industries. That goes all the way back to pork - bellies.

      Nor can more and more taxes be levvied to that end.

      Cash-flow dwindles. And, in a very short time the *economy* shudders to a halt and collapses ! And civilization ends !

    52. Re:What??? by AstroDrabb · · Score: 1

      You can get any monkey to vote on what ever bill they have been paid the most to vote for. And they (congress) have not done a good job. What greatness have they done for America? Anyone can go and play the political game and take bribes for votes. Also, voting for another cogressman/woman, does no good, since they will just play the game as well. While there might be a few decent members of congress, I doubt it is higher then 10%.

      Also, why would people need to stop working to vote? This is not 1890. We can setup a voting system where every American can cast their votes on laws through a computer system. Be that system in ther home or a publicly available system. Just think what system could be set up for $1 billion USD, that is 1/75th that of what the war in Iraq has cost. Why shouldn't I as an American have a say on what laws are passed? With a represented democracy, I have no say. I wrote to my congressman and his reply what that he did not agree with me on the issue. I was floored. Members of congress SHOULD NOT HAVE A VIEW. They are *supposed* to be carrying the majority voice of the people they represent. Yet in my 30 years of life, I have not had *ONE* law maker ask my opion or cast a poll of the people they represent on any specific bill. Instead, the pass laws that fit thier own agenda. This is not a nation for and by the governmnet, it is for and by the poeple, or at least it once was.

      Oh, and by the way congress has *not* been keeping the USA runngin. It is the average American like me that works and does there part and pay taxes that keeps America going.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    53. Re:What??? by utd-blaze · · Score: 1

      The idea that government -- or a majority -- knows what's best for an individual better than the individual themselves. This is a very dangerous mode of thinking.
      It may be dangerous, but it is also necessary. This mode of thinking has led to the human rights abomination that is the war on drugs, but it has also led to cleaner air, better schools, better medical care, and safer streets.
      I think 70mph is a joke of a speed limit, but if everybody just went as fast as they wanted our freeways would be so chaotic nobodoy would want to drive for fear of getting killed. Who do speed limits screw? Who do they benefit? The answer to both questions is EVERYBODY!
      There are some problems that we are responsible for solving as individuals, but there are other problems that can only be solved if we work collectively as a group, through government. It is true that in many cases the government goes too far, but its role is clearly more than "to secure property rights."

      --
      Do me a favor and double it!
    54. Re:What??? by JohnFluxx · · Score: 1

      So.. would objective morality want to legalise all drugs?

      What if it interferes with the rights of another indirectly?
      Say anyone that takes a particular type of drug has a 90% chance of getting violent and killing someone. Would you still make the drug illegal, but of course make the person responsible if they did kill someone? Or should the government stop that? (answer from a objective morality point of view as well as your own)

      Also, does social security etc go against objective morality?

    55. Re:What??? by JohnFluxx · · Score: 1

      Digressing a bit... I've been thinking about the camera thing for a while now...

      Imagine if for every street, the street got together and bought cameras to watch the street. The tapes were kept secure, but anyone could ask to view them, in front of a committee consisting of anyone wanted to turn up.

      What do you think? I was thinking that if I get a house, I might try doing this..

    56. Re:What??? by vinlud · · Score: 1

      Better have ten real criminals costing some money then one innocent convicted one death row! Death cannot be made undone.

      --
      Repeat after me: We are all individuals
    57. Re:What??? by aug24 · · Score: 1
      The pre-requisites for deterrent systems include that "the would-be criminal must believe there is a good chance of being caught".

      If I know that I will spend a million years in prison if I am caught, but I don't think I will be, then I will still do the crime.

      The keys to cutting crime are all before the event.

      --
      You're only jealous cos the little penguins are talking to me.
    58. Re:What??? by Anonymous Coward · · Score: 0

      I see that you've now remembered your password!

    59. Re:What??? by EllisDees · · Score: 1

      >In light of the fact that the article does not go into detail on how the study was devised, I can't just blindly accept it. Chances are it was not a true experiment, it sounds epidemiological in nature, without controls, and the website hosting the article [environmen...guards.com] doesn't exactly appear unbiased. I'm a scientist - I try to consider the sources in determining causality. What what the N on that study?

      Ironically enough, the federal government funded that particular study.

      The article itself is apparently only available on LexisNexis (0891-5709) if you have access.

      >What was the design? Who funds RAND?

      RAND is a generally conservative research institute.

      > Don't get me wrong, I think extra drug/rehab is a great idea, but getting rid of the enforcement aspect could be quite catastrophic.

      Why do you think it would need any more enforcement than our current laws covering Alcohol?

      --
      -- Give me ambiguity or give me something else!
  3. If we're going to go about things like this... by stev3 · · Score: 1

    ... then we should actually make more legal cr/hacking available for people to "get it out of their system".

    That's basically what they do for crack users -- give them clean needles so they don't hurt themselves anymore. Let's give the hackers clean times to work on their hacking so that they can't get thrown in jail.

    I'm sorry, but this idea still makes no sense.

    1. Re:If we're going to go about things like this... by Anonymous Coward · · Score: 0

      it's called experimenting on your own home network

    2. Re:If we're going to go about things like this... by Anonymous Coward · · Score: 0
      That's basically what they do for crack users -- give them clean needles so they don't hurt themselves anymore. Let's give the hackers clean times to work on their hacking so that they can't get thrown in jail.


      yeah, i can't count the number of days i've seen crack SMOKERS lined up waiting for needles.

      you don't really know anything about drugs or security, do you?

      u r dumb. the point, ultimately, is that you should be free to hack your own shiz. the path this country's headed down, you won't be able to do that anymore. if you like sitting next to boxes that do things that you in no way can fully understand, feel free to use these systems. As soon as I stop being able to know exacly what's going on in there, i'm going to get up from my desk, walk down the stairs, and get a job as a janitor.
    3. Re:If we're going to go about things like this... by Anonymous Coward · · Score: 0

      Obviously, you have first-hand experience with the subject of crack smoking.

    4. Re:If we're going to go about things like this... by stev3 · · Score: 1

      "u r dumb"

      I do not even need to reply to this post.

    5. Re:If we're going to go about things like this... by Anonymous Coward · · Score: 0

      ...no, the clean needle program is intended to be slightly compassionate for the addict as well as try and reduce the spread of STDs that addicts seem to get.

      Which is the bigger evil, one crack head dying of an OD some day, or 10 or 20 people infected with AIDS who had sex with this person?

  4. Credence by Azahar · · Score: 1

    Some people get respect from their friends by being sent to prison or running the risk of it.

    Crackers fall into that category.

    --
    Cuiusvis hominis est errare; nullius nisi insipientis in errore perseverare.
    1. Re:Credence by Anonymous Coward · · Score: 0

      Dude!!!

      Credence Cleerwater Revival Rocks!

  5. UML???? by Dot.Com.CEO · · Score: 1

    Pardon my ignorance, but how does using UML make software safer? Come to that, what the hell is a "safer" computer language?

    --
    Mother is the best bet and don't let Satan draw you too fast.
    1. Re:UML???? by xchino · · Score: 3, Funny

      They are talking about User Mode Linux, not the markup language. With a nick like that, I can see how you could make that mistake.

      --
      Everyone is entitled to their own opinion. It's just that yours is stupid.
    2. Re:UML???? by Anonymous Coward · · Score: 0

      Did you follow the fucking link on the article? Now which UML is it supposed to be?

    3. Re:UML???? by Dot.Com.CEO · · Score: 1

      The UML refered in the article is not about User Mode Linux, it is indeed the markup language. As for my nick, well, it is just a nick, it doesn't really mean anything - much like your "xchino", only less stupid.

      --
      Mother is the best bet and don't let Satan draw you too fast.
    4. Re:UML???? by HugATreeBeATarget · · Score: 1

      On the contrary, the article does indeed refer to User-Mode Linux. It's the submitter's link that needs to be corrected.

    5. Re:UML???? by Drakin · · Score: 1

      A "safer" computer language is one that assumes the programmer is too lazy to write unflawed code, that nobody looking over the code sees the error, that the user will not update even if there is an error found later and a patch/update release...

      Basically, it assumes everyone's an idiot and plugs up various types of weak spots to be exploited.

    6. Re:UML???? by cjpez · · Score: 1

      Did you read the actual fucking article, instead of the one proofed by Slashdot? Now which UML is it supposed to be?

    7. Re:UML???? by Anonymous Coward · · Score: 0

      I'm sorry, you must be new here. This is /., no one reads the fucking articles. You are supposed to comment on the submition.

    8. Re:UML???? by xchino · · Score: 1

      No, the article talks about User Mode Linux. The submitters link points to Unified Markup Language. Another case of not RTFA.

      --
      Everyone is entitled to their own opinion. It's just that yours is stupid.
    9. Re:UML???? by Bazzargh · · Score: 1

      Er, oh no it isn't. The Register article mentions User Mode Linux, and the Slashdot article mistakenly links to the Unified /Modelling/ Language. The latter has bugger all to do with 'markup' - althought you can express it as markup, (as in SGML, XML), using XMI (XML Metadata Interchange), among other representations, it almost always refers to the diagramming conventions for UML models.

      If you knew what you were talking about, or had even bothered to read the page linked to (its right there in the title bar!) you wouldn't have posted the word 'markup' in there twice.

      Moderators: please give me '-1: Pedantic' ;)

    10. Re:UML???? by pnot · · Score: 1

      .The submitters link points to Unified Markup Language.

      Ahem. That's Unified Modelling* Language -- AFAIK it isn't in any way a markup language.

      * Remove one L if outside UK ;)

    11. Re:UML???? by xchino · · Score: 1

      Yes I know, I keep calling it that mistakenly, I blame the sea.
      .

      --
      Everyone is entitled to their own opinion. It's just that yours is stupid.
  6. Wait a sec... by tgd · · Score: 4, Funny

    So making people write good code isn't impacting people's civil liberties? Considering most of the developers I know, that'd put most of them out of work...

    1. Re:Wait a sec... by Anonymous Coward · · Score: 0

      Damn! There goes my job...

  7. Is this guys on drugs? by www.sorehands.com · · Score: 3, Insightful
    Why not just have police stop arresting criminals so that the number of resisting arrest charges get reduced.


    Drug addition is a physical additiction. The idea of the needle exchange program is to prevent reduce the spread of a FATAL disease. The purpose of the laws against needles is to cut the use of drugs, but the drugs are still illegal.


    Here, this guy is proposing something along the lines of eliminating car locks so that noone will be arrested for carrying burgulary tools.

    1. Re:Is this guys on drugs? by Bonker · · Score: 1

      Here, this guy is proposing something along the lines of eliminating car locks so that noone will be arrested for carrying burgulary tools.

      No, it's more along the lines of advocating the elimination of car locks in favor of mandatory keyless entry with extra security safeguards so that no on will be arrested for carrying burglary tools.

      Let me give you a good example. Say it's your job to convert documentation for your business. (It's part of mine from time to time.) A lot of that documentation comes to you in the form of PDFs that need to be converted to plain text, reformated, edited, and then reposted in HTML or XML format. Easy, right?

      Well, not if the PDF is password protected. Despite the fact that the PDF may not contain any sensitive or proprietary information, many PDF authors leave the 'Security' options in Acrobat or other PDF authoring tools turned on rather than off by default. This means that no one else can edit that document without breaking that security.

      Breaking the security on PDFs is trivial. Elcomsoft's been doing it for years. As we all know, however, Elcomsoft (and Dmitry Skylaroff) has been in deep trouble with the DOJ for daring to ignore the DMCA.

      Despite the fact that I am presented with password-protected PDFs that orginated within my company on a regular basis, I am prohibited from using tools to break the passwords on those documents by company policy. More often than not, rather than trying to attempt to retrieve those passwords from the people who created the PDF, the people who want the document converted simply give up in the face of this policy.

      --
      The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
    2. Re:Is this guys on drugs? by bill_mcgonigle · · Score: 1

      Here, this guy is proposing something along the lines of eliminating car locks so that noone will be arrested for carrying burgulary tools.

      No, he's suggest equiping all cars with DNA sequencing biometric locks so that theives can't possibly hope to ever break into a car again.

      It's looney like your scenario, but the important distinction is that it's shifting all of the costs onto the victims of the crimes, meanwhile positing that every potential victim will be a victim unless they engage in the preventative measure.

      The problem with this course of action is that since you haven't removed the criminals from society, anyone not engaging in these preventative measures becomes at higher risk of being victimized than if noone had engaged in the preventative measures.

      All this is not to say that writing GUI apps in c isn't suicidal.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    3. Re:Is this guys on drugs? by poot_rootbeer · · Score: 1

      Here, this guy is proposing something along the lines of eliminating car locks so that noone will be arrested for carrying burgulary tools.

      No, he's not. His proposal is closer to "We lock our doors, but that's not enough to deter the car thieves. Why don't we try putting a Club on the steering wheel, too?".

    4. Re:Is this guys on drugs? by Anonymous Coward · · Score: 0

      Here, this guy is proposing something along the lines of eliminating car locks so that noone will be arrested for carrying burgulary tools

      Or suggesting people lock their doors... depends on how you look at it.

    5. Re:Is this guys on drugs? by pod · · Score: 1

      The problem with perfect locks on cars and homes and computer systems is that the thieves will just bypass the elaborate locks and find other ways in around them.

      --
      "Hot lesbian witches! It's fucking genius!"
    6. Re:Is this guys on drugs? by Anonymous Coward · · Score: 0

      ...right. Since it could also be easier to jack or otherwise misappropriate a tow truck and steal the car you want. If it looks like a legit tow truck, who is going to really notice, until it's too late?

  8. Since when? by xchino · · Score: 4, Interesting

    Since when are we putting hackers behind bars just for hacking? We put people in jail for breaking the law, and usually first time convicted hackers just get probation. The only hackers we put in jail are repeat offenders or those whose crimes escalated into other higher crimes. If you root a banks server and send $100 million to your swiss bank account you're a bank robber, not a hacker. If you steal code, you're commiting an act of industrial espionage, not hacking. I think alot of people take the stance that if you commit a crime through a computer, it's just harmless hacking, and not worthy of jail time. Basically my point is there is a huge difference b/w DoSing some jerk on IRC and releasing the next big superworm that causes billion in damages and could possibly cost lives.are NOT the same thing. One thing is "hacking" (Cracking! Damnit.) the other is just being a criminal.

    --
    Everyone is entitled to their own opinion. It's just that yours is stupid.
    1. Re:Since when? by cjpez · · Score: 2, Interesting
      Since when are we putting hackers behind bars just for hacking?
      Didn't they try to do that with the whole DeCSS thing?
    2. Re:Since when? by Anonymous Coward · · Score: 0

      Since when are we putting hackers behind bars just for hacking? We put people in jail for breaking the law, and usually first time convicted hackers just get probation. The only hackers we put in jail are repeat offenders or those whose crimes escalated into other higher crimes. If you root a banks server and send $100 million to your swiss bank account you're a bank robber, not a hacker.

      Or if you root some random server and leave things intact, but the company decides that the extra CPU cycles you stole costed them 1 billion dollars in revenue.. then you might go to jail...

      Or more likely, you take [illegally] a copy of some research to benifit yourself and don't share it with anyone, any money that went into the R&D is out the window.

      I'm not saying these things are illegal, but c'mon hackers do get the shaft a bit more than criminals in the real world for the simple fact that ppl don't understand the crime so they'll prosecute it however the plaintiff sees fit

  9. Kudos. by Ransak · · Score: 0
    I like this idea more than anything else I've seen. Now how could we get those in power to listen, and not use products with sloppy code?

    This really is a terrific idea, attacking the problem at it's base level. But part of the problem is still social influences in regards to hacking. Script kiddies still see defaming a website as cool, and above reproach.

    In addition to dealing with security at it's fundamental levels (ie. underlying languages), a social campaign to change how hacking is viewed is really needed. 0wnz0ring a retirement homes website via a 0day bug should be viewed the same as mugging a 90 year old resident of said home, but it isn't. Now ask, how do we change that?

    Sorry, slightly offtopic, but I think the combination of these two problems (Underlying Language and Social Stigma) is really the answer to alot of security problems faced by IT today.

    --
    "Powers. I have them."
    1. Re:Kudos. by Anonymous Coward · · Score: 0

      0wnz0ring a retirement homes website via a 0day bug should be viewed the same as mugging a 90 year old resident of said home, but it isn't.

      Umm, what?? You win for "most retarded comment of the day"

    2. Re:Kudos. by Ransak · · Score: 1

      And you win for 'Anon cowardly board troll with an IQ less than most plankton.".

      --
      "Powers. I have them."
  10. Horrible Analogy by ratamacue · · Score: 5, Insightful

    People who break into other people's computers are trespassing. This represents an initiation of force -- a "natual crime" if you will -- because there is an actual breach of property rights. There is no question whether it is just to take action against these people.

    People who use or trade drugs, on the other hand, have initiated no force. There is no breach of property rights. Drug "crimes" represent, at best, a breach of government-mandated conformity -- an "artificial crime" if you will.

    To compare the two is not only illogical, but dangerously misleading.

    1. Re:Horrible Analogy by papadiablo · · Score: 1

      To compare the two is not only illogical, but dangerously misleading.

      I agree, but that is not what he is doing. He is not comparing drug addicts to computer offenders. He is suggesting that like in the war on drugs we use a harm reduction strategy to combat computer intrusions. This means the amount of damage that can be done if someone breaks into a computer system is reduced. It's a good idea, but I doubt it is really a new one.

    2. Re:Horrible Analogy by secolactico · · Score: 2, Insightful

      To compare the two is not only illogical, but dangerously misleading

      Indeed. Plus, HIV, hepatitis, other, are side effects of sharing needles whose main purpose is to get drugs into the body.

      Security breaches do not occur as a side effect of cracking/hacking. They are usually the main purpose. That would be equivalent of distributing rubber knives to the criminally insane to reduce the number of victims.

      --
      No sig
    3. Re:Horrible Analogy by kenthorvath · · Score: 0
      People who break into other people's computers are trespassing.

      Isn't trespassing a physical crime where the offender has to actually be located (again physically) within the victims property lines? If so, I hardly think that coaxing a server to send me some information about what's inside of it counts as trespassing.

    4. Re:Horrible Analogy by Shimbo · · Score: 2, Informative

      People who break into other people's computers are trespassing. This represents an initiation of force -- a "natual crime" if you will -- because there is an actual breach of property rights

      I certainly don't regard trespass as a 'natural crime'. In the UK, it isn't a crime at all. Only if damage is caused, or the area is restricted is it a crime.

      The conflict between freedom to go where you will and enjoyment of property rights has been going on for centuries, without a clear resolution. For example, at Kinder Scout.

    5. Re:Horrible Analogy by Bendebecker · · Score: 3, Insightful

      there is an actual breach of property rights
      That is highly debatable. I agree that hacking is not ethical, but it would be better if you dealt with as a violation of privacy. Technically, no ever enters your computer (assuming they don't physically come into your house and open the box) and so property law doesn't really hold true. My computer sends requests to your computer, your computer sends replies. It is the same as yelling at you from across the street. If I trick you into getting you to yell sensitive information back at me, I have not tresspassed and yet I have, in a manner of speaking, hacked into you. This is not a pefect analogy, but it holds the same weight as your analogy of thinking of cyberspace as real space (and hence tresspasable.) No matter what analogy you use though, hacking does not necessarily fit the old norms of property law. The fact remains that cyberspace property and real space property are fundementally different and so you cannot simply assume that the old laws of property cover this new type of medium, especially considering that real space property laws were written to protect only real space property. As such, discussion must be held to determine how we will view this new type of 'property'. You see regulation of it as an extension of the values that influence real space property law. However, the concept of seeing regulation of cyberspace as being similiar to the regulation of drugs is also a valid viewpoint. An example of such an argument would be that: hackers have chosen not to conform to the norms of what most people would consider to be ethical conduct on the net; whether this is illegal or not is as artificial as the computer networks cyberspace exists on. In the end, comparing computers and drugs is as logical as comparing cyberspace to property; if your final line holds true for one, it holds true for your comparing cyberspace to real property as well. You, accidently I assume, allowed your analogy of seeing cyberspace as property to cause a myopic effect that blinded you to seeing cyberspace regulation from a different viewpoint (the greatest danger of analogies.)

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    6. Re:Horrible Analogy by Anonymous Coward · · Score: 0

      trespassing... initiation of force ..."natual crime" ... breach of property rights... just to take action against... ... initiated no force...property rights... government-mandated conformity Sigh. Do you ever get the feeling that (some) libertarians speak in some weird dialect of english? Its sort of like talking to a cultist. I agree with many of their positions but the zombirific way they rationalize them is totally off-putting.

    7. Re:Horrible Analogy by ratamacue · · Score: 1
      I agree with many of their positions but the zombirific way they rationalize them is totally off-putting.

      Huh? Could you please rewrite what I stated in a more pleasant style? Just curious to see what you think I should have wrote, to convey the same rationale.

      Also, how can you agree with the posistions but not the rationale? That's not very logical. The position *is* the rationale.

    8. Re:Horrible Analogy by Anonymous Coward · · Score: 0

      If the computer is disabled or information on it is changed or destroyed then there is a property rights violation. If I am denied access to the full resources of the computer I own because of your hacking it, there is a property rights violation.

    9. Re:Horrible Analogy by Dave+Briccetti · · Score: 1

      Hey, you're destroying my illusion that when I ssh to another of my computers I'm actually there.

    10. Re:Horrible Analogy by Tom7 · · Score: 1

      Right on. Though I don't really believe in calling things "natural," (an obvious weasel word) I don't think that tresspassing counts even in the sense that most people talk about natural law. Tresspassing does not remove your ability to use the land, nor does it take any scarce resource from you. If, while I'm there, I smash up your crops or steal your sheep, then obviously that does.

  11. yeah but by glaqua · · Score: 2, Funny
    the clean needle folk are not the same folk that are waging the war on drugs, and putting drug users/dealers in jail.

    Hackers are not dying of really horrid diseases and passing these diseases onto non-hackers, are they? Maybe we should give clean needles to the hackers, and then let the war-on-drugs folks deal with them.

    1. Re:yeah but by Anonymous Coward · · Score: 0

      Hackers are not dying of really horrid diseases...

      Oh, you're just not using the correct LART.

  12. Woah! Woah! by bmetzler · · Score: 1, Interesting

    How does putting someone in jail for *committing* a crime violate MY civil liberties? Sure, I'm going to lock my doors, but that doesn't mean that anyone who breaks the lock should be let free.

    -Brent

    1. Re:Woah! Woah! by Anonymous Coward · · Score: 0

      Its the bills being concidered in congress, and laws that have been passed in responce to cracking that violate civil liberties. In the zeel to facilitate the tracking of crackers, governments are forcing all crumbs on the trail to be tracable to their source. This essentialy destroys anonymity. Anonymity is foundational for free communication.

  13. We should make it easier to secure cars by Anonymous Coward · · Score: 0

    So that car theives are less likely to break into them and steal them.

    1. Re:We should make it easier to secure cars by Sylver+Dragon · · Score: 1

      Step 1. Replace all of the glass windows with 6 inch thick steel plates, after all glass can be broken...

      --
      Necessity is the mother of invention.
      Laziness is the father.
  14. UML? by The+Apostrophe+Guy · · Score: 0

    I don't see what drawing stupid little boxes with arrows between them has to do with computer security.

  15. Not right, or feasible by voice+of+unreason · · Score: 4, Insightful

    Firstly, I doubt this is entirely workable. There's too much unsecured legacy code that no one's going to want to rewrite.

    But mainly, this is simply the wrong attitude. If someone breaks into your house, it is the burglar's fault. It isn't your fault for not surrounding your house with barbed wire and a pack of rabid dogs. While I agree that penalties for hackers are often overly harsh, that doesn't change the fact that they knowingly committed a crime of their own free will, and should be punished for it. Hackers are responsible for their own actions. It's that simple.

    1. Re:Not right, or feasible by Anonymous Coward · · Score: 0

      "break into your house" implies you have taken some modicum of steps to secure your house.

      "walks into your open garage and takes your $3000 toolbox" is theft, but it makes it awfully hard for you to say to your insurance company that you took reasonable steps to secure it.

  16. Security increase by SmileyByte · · Score: 2, Funny

    Whoa, what a concept! Improve systems security making them more secure!

    --

    h@hh@hh@...@.&.... "You shall not pass!"
  17. what a stupid idea by andih8u · · Score: 1

    You'd probably get a lot less hacking / script kiddies if they knew that on first offense they'd goto jail. I'm sure that giving them carte blanche to do whatever they want will greatly reduce the amount of hacking.

    --


    slashdot, news for crazed liberal socialist zealots
  18. What an analogy by Dusabre · · Score: 2, Informative

    Clean needles for hackers? What sort of analogy is that?

    Addicts get clean needles in drug programs so they don't catch AIDS and start costing society even more.

    In the case of hackers, a program on the same lines would give them money so they don't commit fraud and cost society even more.

    If you wanted to find an analogy to writing more secure code in drug solutions it would be making it physically impossible for heroin addicts to take their drug (Cut their arms off? Lock them up?)

    1. Re:What an analogy by pinka4242 · · Score: 0

      Umm.. Why not chemically, like buprenorphine for example: it blocks 3 out of 4 opioid reseptor types in human CNS and acts only on 1 of the 4 types. One is enough to relieve the symptoms of heroine addiction. If you have taken buprenorphine and you take heroine or any other opiate right after that it has no effects what so ever..
      So its not making it actually impossible for one to take heroin but you wont feel any craving for that if you are on buprenorphine and you feel only that you are wasting your drugmoneys if you do so.

    2. Re:What an analogy by jared9900 · · Score: 1

      Actually they've been working on "vaccines" for narcotics for quite sometime. I need to find the article I was reading, it was in some news magazine can't remember which one. I think they have one for cocaine, but it's difficult to test. However, to the limit of their testing capabilities it does work. US News I think had the article, sometime in the last few weeks.

  19. Drugs, Needles bad analogy by ralico · · Score: 2, Insightful

    I just don't see the relationship between needle programs and software security. Its a very weak analogy.
    A better analogy might be that giving up on IT security is like giving up on transportation security.

    --

    SCO to Hell
  20. On the other hand... by paja · · Score: 1

    ... how does help to pass laws, which could be used for putting innocent people in jail? It is kind of stupid, when anyone forms a law about something, he does not have a clue about. Is there any law in the U. S. which would send authors of such laws into jail? Something like DMSPA (= Digital Millenium Stupidity Prevention Act)?

    1. Re:On the other hand... by gricholson75 · · Score: 1

      So, you're saying if I did leave my door unlocked, and someone came in and robbed me, they shouldn't go to jail?

    2. Re:On the other hand... by sqlrob · · Score: 1

      Nope.

      But you should be responsible and pay for the time used to find and apprehend the criminal.

    3. Re:On the other hand... by gricholson75 · · Score: 1
      I did. It's called taxes.
      But you should be responsible and pay for the time used to find and apprehend the criminal.
      So, a woman walking through a bad neighborhood gets raped, should she foot the bill for finding the criminal?
    4. Re:On the other hand... by sqlrob · · Score: 1
      I did. It's called taxes.


      And it's my money too, and I don't want to pay for your lazy ass not locking Windows.



      I don't know if it applies to the locking the window as well, but it is certainly illegal here to leave a car running or leave keys in it.

    5. Re:On the other hand... by gricholson75 · · Score: 1

      Well, perhaps we should do away with the whole stupid notion of a "socialized" police force. We could just have private police forces, a crime is committed against you, give them a call and they will "try real hard" to catch the perp for a moderate fee.

    6. Re:On the other hand... by sqlrob · · Score: 1

      Personal responsibility. Ever hear of it?

    7. Re:On the other hand... by gricholson75 · · Score: 1

      Wow! What a convincing arugement. Everything I have said in this thread promotes personal responsibility. In particular, taking responsibility for you're criminal actions. Evedently, to you that means we should all live like animals in cages in order to protect ourselves, so we don't incur any cost to society by being so stupid as to be a victim of a crime.

    8. Re:On the other hand... by sqlrob · · Score: 1

      You really, really don't get it do you?

      Try looking up the concept negligence and thinking about it some.

      If you don't follow the same standards the theoretical "reasonable person" does, WHY SHOULD I PAY?

  21. Fix the UML link... by xchino · · Score: 3, Informative

    They are talking about User Mode Linux, not Unified Markup Language. How ridiculous.

    --
    Everyone is entitled to their own opinion. It's just that yours is stupid.
  22. The point of harm reduction by pelican317 · · Score: 1

    I thought this was a very interesting perspective. The point of harm reduction is not to focus on individual behavior or particular tools to be used. There is a larger issue, harm reduction recognizes that tools exist to stop certain behaviors or effects but that individuals don't often implement those tools or alter their behavior. Harm reduction, as applied here, would seem to suggest viewing computer security in terms of populations and would be willing to live with a certain persistent level of security problems in the population. Harm reduction seeks not to alter all behavior but to reduce the incidence of the behavior for the population. Harm reduction has been very effective in HIV prevention and drug use. By focusing on population-level interventions, one can avoid restrictions on the particular individual. If I can alter the infrastructure or intervene on a population level, without affecting people's ability to perform their desired tasks, and can get a reduction in the number of security problems, then I can avoid draconian criminal penalties that seek to control individual behavior.

  23. Really freaking dreadful analogy by kahei · · Score: 4, Funny


    The 'clean needle' approach basically involves making life easier for the criminal group (drug addicts) so that they don't need to commit so many troublesome crimes -- thus making life easier for everyone.

    The approach advocated in the Register involves making life harder for the criminal group (hackers) so that they aren't able to commit troublesome crimes.

    There is no similarity, and furthermore, while the 'clean needle' thing is hightly controversial and frequently shades into a program of government-subsidised drug abuse, writing software more securely is obviously beneficial and should be a no-brainer.

    I therefore conclude, your honor, that the phrase 'clean needle' was only introduced because it's eyecatching -- perhaps because the original submitter was caught in a fringe eddy of the Really Rather Silly Field (RRSF) that usually surrounds The Register.

    --
    Whence? Hence. Whither? Thither.
    1. Re:Really freaking dreadful analogy by asb · · Score: 1

      You got it a bit wrong. The clean needles are there to keep the drug addicts from using dirty needles and spreading diseases (such as AIDS).

      Providing fake servers with fake confidential data would be analogous to the clean needle approach. And that doesn't work because crackers crack for fun, not because they're physically addicted to it.

      --
      Antti S. Brax - Old school - http://www.iki.fi/asb/
    2. Re:Really freaking dreadful analogy by calvinthorne · · Score: 1

      As asb alluded to, there is no link between access to clean needles and increased drug use. Most of the drugs that are injected with needles are so powerful that addicts will shoot up when they "need" to shoot up, regardless of whether they have a clean needle or a dirty needle. Giving out clean needles does not increase drug use, but it does reduce disease transmission.

    3. Re:Really freaking dreadful analogy by dipipanone · · Score: 1

      The 'clean needle' approach basically involves making life easier for the criminal group (drug addicts) so that they don't need to commit so many troublesome crimes -- thus making life easier for everyone.

      You're confusing needle exchange programmes with methadone programmes. Needle exchange is a public health response to blood borne viruses that is as much about protecting non-addicts as it is about protecting addicts. People who inject drugs have sexual partners who don't, you know. Just as you don't know someone's sexual history, you also don't know about their past drug consumption habits. By keeping those people safe and healthy, we keep you safe and healthy too.

      while the 'clean needle' thing is hightly controversial and frequently shades into a program of government-subsidised drug abuse

      Actually, it isn't controversial anywhere outside the War-on-Drugs obsessed USA. Canada and most European countries have had needle exchange since the WHO recommended it as a response to HIV back in 1986. The USA, in contrast, still insists on pulling *all* federal funding from your charitable organizations that distribute clean injecting equipment -- even in those states that have seen the sense of the arguments (which have long been supported by the CDC).

      How you manage to translate any of that into 'government funded drug abuse' is a complete mystery to me.

    4. Re:Really freaking dreadful analogy by ctve · · Score: 1
      The 'clean needle' approach basically involves making life easier for the criminal group (drug addicts) so that they don't need to commit so many troublesome crimes -- thus making life easier for everyone.

      Actually, no. The only thing that stops heroin addicts from committing so much crime is to either supply them with heroin or methadone, or get them off it. Needles are not really the problem crime-wise.

  24. confused... by James+Lewis · · Score: 1

    So uhhh... what does UML have to do with security?

  25. Duh by travdaddy · · Score: 1

    So... we should not only rely on throwing hackers in jail to prevent hacking, we should also increase security on our computers.

    And in other news, fire is hot and the Iraqi Information Minister has been telling lies all along.

    --
    Adidas To Bring Back Sneakernet
  26. irrelevant by nanojath · · Score: 1
    Whether this makes sense or not, or would work or not, is scarcely relevant, at least in the U.S.A. Anyone who follows the issue of drug law reform in this country knows that the political system is wholly deaf to the concept of harm reduction where criminal justice is involved. We like to punish people more than we like to improve the general social condition. I mean, it isn't as if needle exchange programs are exactly thriving here.


    The reality is that our whole criminal justice system is badly broken: too many people locked up too long for the wrong reasons, truly vile and/or psychologically damaged people who ought to be locked up getting out too soon because of the revolving-door necessity of perpetual overcrowding, a for-profit prison system which lobbys powerfully for the continued growth of the inmate population, and a system of incarceration where at best people are rehabilitated in spite of the system, and at worst they are exposed to rape, violence, sexually transmitted disease, pervasive availability of drugs, ending with an individual coming out with AIDS, little possibility of finding anything but the most menial employment, but a lot more exposure to the criminal underworld.


    I'm afraid the plight of the incarcerated cracker is a very small worm in a can that no politician with the power to affect the situation has the guts to touch with a ten foot pole.

    --

    It Is the Nature of Information to Transgress Artificial Boundaries

  27. That's not what this is... by Millennium · · Score: 5, Informative

    This isn't about letting hackers go free. It's about making systems more secure without having to violate civil liberties by enforcing draconian security measures.

    Or, to put it another way, alleviating a symptom (rampant hacking) of a problem (programs with security holes) by actually solving the problem (using safer programming methods to close the security holes) while still punishing those who continue to try to hack, who, with these lower-level holes closed, will have to resort to higher-visibility methods where they are easy to catch using ethical (i.e. strictly-reactive) methods of law enforcement, rather than violating the rights of 10,000 innocent people for the sake of catching a single wrongdoer.

    1. Re:That's not what this is... by Shalda · · Score: 3, Insightful

      I'll give up my C compiler when they pry off the platters of my cold dead hard drive.

      Seriously, the problem is not insecure systems. The problem is little fucknuts that think they have some god given right to violate my systems. There's really no comparison to be made with the war on drugs. It's much more like burglary. While the vast majority of these obnoxious little h4x0rs would never even think of robbing a bank or burglarizing a house, breaking into a computer is easy to rationalize because they don't see the damage that they're doing (and the odds of getting caught are low).

      Solving the problem does not mean closing the security holes, although that should be done. Solving the problem means dipshits don't try to hack.

    2. Re:That's not what this is... by the+gnat · · Score: 2, Interesting

      The problem is little fucknuts that think they have some god given right to violate my systems.

      Amen. I'm in the middle of cleaning up a number of servers that got r00ted due to compromised user accounts. Could we have prevented this? Maybe. Does this excuse the hacker? No. I would castrate the little shit in a second if I had the opportunity. The fact that he's from some godforsaken third-world nation means we'll probably never find him, though.

      I read an article the other day about some kid who'd cracked a bunch of boxes down the hall from me several years ago, and caused data loss. They'd finally caught up with him in Texas, and he got three years of jail (he's only 19). He's getting off light, but I do get a warm fuzzy feeling thinking about the shithead being attacked in the showers.

    3. Re:That's not what this is... by Anonymous Coward · · Score: 1, Insightful

      There is a war on drugs because most (more than half) burglaries and violent crimes are committed by people looking for drug money, or who are on drugs. The attorney general of the county I live in estimated that 80% of the crimes committed in my county are committed by someone who is on drugs (including alcohol). So I don't see drug use as being a "victimless" crime.

      "Victimless" crimes have no victims because you ignore the victim. It's usually quite easy to ignore them, too. The system has been ignoring victims of burglaries, assaults, rape and other violent crimes for way too long, now.

    4. Re:That's not what this is... by Anonymous Coward · · Score: 0

      Man, you are a fucken asshole.

      "some godforsaken third-world nation?"

      No wonder people in the rest of the world hate americans so much.

    5. Re:That's not what this is... by Goonie · · Score: 1
      They'd finally caught up with him in Texas, and he got three years of jail (he's only 19).He's getting off light...

      What kind of whacky world do you live in? On the basis of your discussion, this kid has basically vandalised property. That's it. And now he's going to spend three years in jail? Three years? Imagine that. Three years, locked in a cell for much of it, being in constant fear of being a) beaten up or b) raped, many of your companions being violent, mentally ill thugs, only seeing and speaking to your family on an irregular basis, being subjected to various petty humiliations by prison guards. Not to mention three years where this kid should be in college getting an education so he has a change to be a productive citizen.

      Sorry, but I don't see how the punishment comes even close to fitting the crime here. A couple of months in jail? Possibly. Three years? Ridiculous.

      but I do get a warm fuzzy feeling thinking about the shithead being attacked in the showers.

      This is ludicrous. Do you believe judges should have the power to impose sentences of regular homosexual rape? If not, why do you think it's acceptable that such things are acceptable to go on in prison?

      --

      Any sufficiently advanced technology is indistinguishable from a rigged demo
      --Andy Finkel (J. Klass?)
    6. Re:That's not what this is... by the+gnat · · Score: 1

      I was incorrect - sorry, misread the article. The "three years" was how long he'd been evading them, not how long he'll get in jail. However, it looks like the jail sentence could be considerable (if he's found guilty), but perhaps they'll let him off easy since he was 16 at the time.

      As for the punishment, they're claiming he caused $150,000 worth of damage. I know these figures get wildly inflated, but considering the money that flies around here, I don't think that's total bullshit. He basically wiped a bunch of hard drives and ruined many peoples' research. There's no difference between what he did and walking into the labs and smashing equipment.

    7. Re:That's not what this is... by Anonymous Coward · · Score: 0

      There is a war on drugs because most (more than half) burglaries and violent crimes are committed by people looking for drug money

      Er... hello? The reason that they need to steal to get drug money is because the drugs are expensive. And they're expensive because they're illegal. Almost all illegal drugs are dirt-cheap in terms of their actual production cost.

  28. Instead of hacking by Soporific · · Score: 1

    Let's get them snacking! Wait I think they already do that, but if they did more of it think of the boon to the convenience store industry. It might just pay for itself in the long run.

    ~S

  29. This is stupid by chrisseaton · · Score: 1

    It's like saying we need to stop putting rapists in jail, and instead make all women wear chastity belts. Or don't put muggers in jail, arm everybody instead.

    Both of these examples interfer with normal operation - I don't want to have to make extra effort (I could be being creative in the time I have to spend on extra security) because hackers are at large.

  30. Because a stupid law can have side effects... by OneInEveryCrowd · · Score: 1

    that extend well beyond whatever the law was intended to accomplish.

    A recent example is the Computer Decency Act. The reason the US Supreme Court shot it down was not because pornography is good but because they didn't want to turn the internet into a reading room for kindergartners.

    I wasn't happy with the wording of the article even though I agree that throwing people in prison doesn't actually work. Better wording would have been that companies should take responsibilty for their own security.

  31. Personal Responsibility by Compulawyer · · Score: 1
    A lot of the questions that come up in this area can be answered by applying a straightforward concept: responsibility for one's own actions coupled with acceptance of the consequences of those actions.

    There are generally accepted coding standards out there. We all know that buffer overflows are Bad Things, yet unbounded buffers still seem to magically appear in production code. Software manufacturers should be held to the same standards as everyone else. If your failure to exercise a reasonable amount of care causes harm, you should be liable to the person you harmed.

    Similarly, if your cracking activities cause harm, or violate the law, then you should face the consequences.

    Bottom line: Don't let companies off the hook for writing Bad Code, and don't let malicious crackers off the hook just because what they actually did was technologically possible.

    --

    Laws affecting technology will always be bad until enough techies become lawyers.

    1. Re:Personal Responsibility by egomaniac · · Score: 1

      So in other words, if I forgot to lock my car and someone steals it, I should be punished for it? What if I leave a package on my front porch for two minutes while I go grab something from the kitchen -- am I responsible for its theft during that period?

      I agree that companies should write good code. However, painting them as the bad guys is a dangerously skewed viewpoint. I suppose you have never, ever, once in your life forgotten to lock a door or window?

      --
      ZFS: because love is never having to say fsck
    2. Re:Personal Responsibility by Compulawyer · · Score: 1
      That is the complete OPPOSITE of what I am saying. If someone steals your car THEY should be punished as the law requires. If the car manufacturer makes defective brakes that won't stop the car and you are injured as a result, the MANUFACTURER is liable for your injuries.

      Basic principles of negligence apply here. Negligence results from the following:

      1. The existence of a duty;
      2. The breach of that duty;
      3. Proximate Causation (the breach of duty was both the factual and legal cause of injury); and
      4. Damage (injury).
      When determining whether a duty has been breached, you look at the standard of care that applies in that situation and see whether the actions taken meet (at a minimum) that standard. All I am saying is if a software manufacturer fails to meet the minimum standards of care in designing and/or manufacturing its product, it should suffer the same consequences as any other company that designs and manufactures products.

      No one realistically expects software manufacturers to forsee every possible flaw in their software. The law does not expect as much either. However, there are quite a few flaws that reasonably CAN be forseen. It is those flaws that must be prevented.

      The law also does not penalize honest mistakes or accidents. There must be fault involved. That is why negligence requires the breach of a duty by not taking the minimum steps required to prevent the harm. Look at the Ford Pinto -- Ford chose not to incur a miniscule charge (I think it was about US $1/vehicle) to correct a flaw that allowed gasoline tanks to explode. If a software company does not follow good design practices to write minimally acceptable code, it should be liable just as Ford was.

      By the way, you may ask from where these "minimum standards of conduct" come. The answer is from the INDUSTRY ITSELF.

      --

      Laws affecting technology will always be bad until enough techies become lawyers.

  32. Inappropriate Metaphor by Millennium · · Score: 1

    This isn't like a clean-needle program.

    The idea of a clean-needle program is to provide a safer way to commit the crime. Applied to hacking, this would be more like providing free public honeypot servers which the hackers could 0wn to their heart's content.

    Closing the security holes -making it impossible to hack- would be more like actually eradicating the drugs themselves. Worthy goals in both cases, I think, but it means that the analogy is more like the current War on Drugs than the idea of clean-needle programs.

  33. Fix the compiler, not the language by non · · Score: 1
    there's a piece in the latest phrack about doing just that; building loop checks into the compiler.

    i personally don't want to have to learn another language. its not that i'm against it, but that doing so is actually a performance hit, ex. if (x + y + z) is not valid in java, is has to be converted ((x+y+z)> 0) to boolean, not just cast. being forced to learn all the little rules that are required to compile in some new language takes time, and its not always clear that there are advantages.

    certainly its possible to educate programmers about proper, secure methodologies, but then it becomes a question of habit; if you don't force yourself to do it everytime, you're going to forget in that one critical instance.

    why not code that knowledge into the tool that builds the program?

    --
    ...vividly encapsulates that post-Watergate/pre-punk/coked-up moment when you could trust no one, least of all yourself.
  34. Path of Least Resistance (People) by blunte · · Score: 2, Informative
    We certainly should be improving the security of our systems in every practical way, but there will always be a weak link somewhere. Right now that weak link is people.

    If you lock your systems down tight, you still have to worry about social attacks. Unless something is done, social engineering will always be one of the most effective, least difficult methods for gaining access.

    One of the biggest needs of improvement is in employee education. Most people just do not understand why the password "Snoopy", or "office", or their name, their username, etc. is bad. They don't see why locking their desktop when they go to lunch is important. They're happy to tell you their username and password if you ask them (perhaps while throwing some confusing technical terms at them).

    Some of the energy being spent (and there's a lot of energy people are putting into technical security measures) should be devoted to educating users on good security practices.

    --
    .sigs are for post^Hers.
  35. Good advice, really by The+Faywood+Assassin · · Score: 1

    Now I'm not one to blame the victim, but remember, once a malicious person has accessed your system, no amount of jail time will bring back your data.

    Beny
    --

    "I'm a humble person really,

    I'm actually much greater than I think I am"

    1. Re:Good advice, really by NDPTAL85 · · Score: 1

      No amount of leniency will either.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
  36. Completely Inappropriate Analogy by Badgerman · · Score: 1

    This is not a clean needle program. That would be equivalent to treating system intrusion as a kind of disorder and providing "safe" systems for them to hack into to deal with their urge to crack.

    This is really nothing more than increased security and good programming practices. It's watching your back. That's it.

    That said there's a lot to what we in IT should be doing to make the world a safer place. But we can do it without lousy analogies.

    --
    "The Sage treasures Unity and measures all things by it" - Lao Tzu
  37. disturbing trends by pubjames · · Score: 4, Insightful

    I find it disturbing the number of people that are posting saying things like "but these people break the law, so they deserve what they get".

    Come on Americans, what's happened to you recently? Where's your spirit gone? The spirit of justice, fairness, freedom? Is it right that teenagers get sent to jail for "hacking" when the state of IT security is so poor? If your bank left sacks of money outside it's doors, when they got stolen by a couple of kids would you think it was the kids were guilty of a crime, or the bank?

    In the old America, the kids would get a stern telling off and the bank manager would be accused of negligence. These days the kids would be looking at a long jail sentence, and the bank would be pressing the government to pass laws waiving them of any responsibility.

    1. Re:disturbing trends by dentar · · Score: 1

      Agreed, mostly. What we really need instead of jail time is creative punishment. Jail just makes people more anti-social and underhanded. It doesn't rehabilitate.

      So, if a kid hacks, make him sit and format diskettes for a week solid, no breaks. ..better yet, put him on AOL's tech support desk for a month solid.

      --
      -- I am. Therefore, I think!
    2. Re:disturbing trends by MalleusEBHC · · Score: 1

      I think the biggest problem with cracking and associated criminal punishments is that very few people are able to accurately assess the severity of the crime. Some people think that defacing a website is nothing more than vandalism without realizing the time and cost involved in doing a proper system restore when a system is cracked. On the other end of the spectrum, you have Kevin Mitnick thrown in solitary because the government is afraid he could start a nuclear launch over the phone.

      The first step is to acknowledge that a crime committed using a computer is no different from the same crime committed in person. Stealing corporate documents by either computer or smuggling papers out the front door is the same crime. It is industrial espionage either way. Of course, this doesn't even include stupid laws designed to prevent fair use and protect shoddy security/crypto, but that is a rant for another day...

    3. Re:disturbing trends by sketerpot · · Score: 1
      I fully agree with you and your post's parent. Perhaps some other creative punishments:
      • Working on COBOL code.
      • Listening to a high school english teacher go on and on about something that should be said in under a minute.
      • Doing the above at the same time.
      • Long division. Lots of long division.
      • Being lectured by people who say things like, "you broke the law, so you ought to go to jail".
      • My personal favorite: converting HTML to good XHTML 1.0 and CSS, with time added/subtracted for the quality of the work. This isn't particularly painful, but it sure needs to be done.

      Anybody else got some?

    4. Re:disturbing trends by SteveDob · · Score: 4, Insightful

      > Is it right that teenagers get sent to jail for "hacking"

      That was a good question, and you were doing fine up until

      > when the state of IT security is so poor?

      Where on earth did you pick up that warped morality? Surely we don't have to explain what is wrong with "I didn't rape her, she was (drunk/dressed provocatively/in the wrong area/whatever)"? Although the gravity of the offences are on completely different levels, there is no difference in the crassness of the proposed defences.

    5. Re:disturbing trends by Monofilament · · Score: 1

      How did this get insightful.. to 4 no less this is the dumbest post i've ever read.. I know I'm flaming and I know I'm not backing my comments up.. Why? cause its just not worth the extra words than what I've written here already.

      --


      Who makes you Sig?
    6. Re:disturbing trends by Syberghost · · Score: 1

      Is it right that teenagers get sent to jail for "hacking" when the state of IT security is so poor?

      Is it right that they get sent to jail for trespass if the front door has a crappy lock that is easy to pick, or if they left a window unlocked? Yes, I think so. For similar reasons, the answer to your question is yes, it's right.

    7. Re:disturbing trends by dmaxwell · · Score: 1

      better yet, put him on AOL's tech support desk for a month solid.

      Wouldn't violate laws against inhumane and unusual punishment? Not to mention torture? Just give the kid a lethal injection and get it over with.

    8. Re:disturbing trends by tgrigsby · · Score: 3, Insightful

      Is it right that teenagers get sent to jail for "hacking" when the state of IT security is so poor? If your bank left sacks of money outside it's doors, when they got stolen by a couple of kids would you think it was the kids were guilty of a crime, or the bank?

      Wait a minute, Sparky, your analogy isn't working. I agree that not relying on security-friendly tools is almost criminally niave, but let's review for a minute.

      It's not like kids get on their computers, log into AOL, and suddenly find themselves looking at a window that contains credit card information with two buttons at the bottom that say, "Steal these numbers" and "No thanks".

      You leave your car in the driveway rather than putting it in the garage? Should *you* be held accountable when the radio comes up missing while the police just give the robber a slap on the wrist? I doubt it.

      Yes, IT should do its job securing machines. No, crackers shouldn't get a slap on the wrist for breaking into computer systems.

      And I don't agree with the author's premise that crackers can't be impressed with jail sentences. Look at terrorists. Rich countries don't generate terrorists. Why? Because people in general have more to lose. Violent religious extremism is the domain of the poor and disenfranchised. They have nothing to lose and they're pissed off about it, and much the way Hitler exploited the frustrations of the Germans, and Milosevich exploited the the frustrations of the Yugoslavs, bin Laden exploited the Afghanis, all for power. But give them a life worth defending and they will be more interested in defending that life than blowing themselves up to get back at their oppressors, real or imagined. Put bin Laden in Oakland and he'd be lost in the sea of 2-bit activists preaching about being put down by The Man. oops.... ok, end of rant....

      The same holds for crackers. With the exception of the tiny percentage that are deranged and devoted to harming others for fun, most have lives they'd rather not trade for spending time in jail hoping Bubba doesn't think they're cute.

      Think of it this way: if you have a computer to do your hacking on, you probably have enough material items that you'd miss them badly if they were gone. Make jail sentences, fines, and other penalties stiff enough and the overwhelming majority of crackers will find other things to do with their time. As for the rest... Bubba needs love, too.

      --
      *** *** You're just jealous 'cause the voices talk to me... ***
    9. Re:disturbing trends by pod · · Score: 1

      That's an extreme corner case. Extremely few computer systems are left wide open, just like extremely few banks would leave piles of money laying outside their doors. If it happens, it's by accidental ommission. These people are BREAKING into the systems, which are for the most part fairly secure. Just because they're not 100% secure does not mean no crime has taken place. Would you like all burglars to go free because they managed to get around locks and alarms because obviously the owners were negligent of security?

      --
      "Hot lesbian witches! It's fucking genius!"
    10. Re:disturbing trends by Bert64 · · Score: 1

      Exactly, anyone who disregards vendor security notices and consequently gets hacked should be blamed for negligence, if you connect a machine to a public network it is your duty to take reasonable measures to ensure that it doesnt get compromised and possibly used for furthur crimes, just like a gun or car owner is responsible for keeping it out of the hands of criminals.
      Similarly software and hardware vendors should also be held liable for flaws in their products, and even more so if vulnerabilities are not fixed in a timely manner, and customers notified of the availability of fixes.
      Think of this like someone who owns a gun, if you leave your front door unlocked and your gun placed on a table then your negligent, if you lock your front door and keep your gun in a locked cabinet, and someone goes to the trouble of breaking the locks open, then your a victim of a crime.
      If the crook breaks in because the brand of lock you use is known to be inferior and easy to pick, then the lock vendor should be accountable.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  38. Sounds like "It's the victim's fault" by cenonce · · Score: 2, Insightful

    If we, say, wrote in safer programming languages, used tools like Immunix's StackGuard, ProPolice, or OpenBSD 3.3, chroot and UML, we could reduce the damage a malicious hacker might do without damaging our civil liberities.

    Hmm... why does this sound like "it's the victim's fault"? C'mon! Nobody would say that to a woman who was dragged into an alley, beaten and raped.

    If anything, it seems to me that prison time puts out a loud and clear message to crackers that what they do is indeed a crime and will be treated as such.

    Don't enough people get slapped on the wrist by the justice system already anyway?

    -A

    1. Re:Sounds like "It's the victim's fault" by Anonymous Coward · · Score: 0

      hi. i would submit that if someone's walking around with their hole exposed, and someone sticks something into it that you weren't expecting.. Well, that's kinda your fault.

      works with rape and IT security! yay!

  39. This is stupid by anotherone · · Score: 0, Troll

    Instead of putting murderers behind bars, why don't we just make everyone wear bulletproof vests? We can't infringe on the rights of murderers!

    --
    Username taken, please choose another one.
  40. The problem... by DarkDust · · Score: 2, Insightful

    is not the hackers. Or viruses. Or trojans. Or bugs. It's the money.

    Most software still is propietary and someone wants to make money with it. So he wants to see it protected. He doesn't want his software to be secure since that costs money. Having someone thrown into jail costs less money, so that's the preferred way.

    At least this is my experience with the thoughts of suits. Many think of software like it would be, say, a car: with enough brute force you can get into any car you like easily. They don't realize that this is not how software works. You don't hack software (i.e. servers) by using brute force attacks but by cleverly exploiting weak spots, like the lock or the window seal.

    But since many suits don't get this they think no matter what, their software can be hacked by Joe Average and thus that they need fierce laws that prevent them from doing so instead of securing their software in the first place.

    1. Re:The problem... by Anonymous Coward · · Score: 0

      Having someone thrown into jail costs a lot more money. But the suit is unlikely to be paying any of it, so that's okay.

  41. Living in a high-crime rate city... by davids-world.com · · Score: 1

    having moved to a city with high crime rates (in comparison to other European or US-American cities), I find myself surveilled by CCTV cameras, annoyed by having to use a giant steering wheel lock, constantly nervous about someone stealing my bike (which they did once, of course). The place I work in, full of computers and fancy technology gadgets, has doors locked everywhere. When I forget to take the little plastic transponder with me, I'll lock myself up in the restrooms.

    That's about the view presented in the posting: If there are too many thieves, let's build a higher wall.

    Sorry, but I hate that idea. This is not freedom.

    ps.: the city is dublin. don't come here, there's no broadband (at home) available anyways...

  42. Junkies and computers by Anonymous Coward · · Score: 0

    This is the last straw. Comparing a junky and a fat, teenage kid who lives in a basement. I can't take it anymore. Go get strung out and then tell me the only reason you quit shooting dope was because you coudl get clean needles. WTF I hate you all

  43. Better locks... what a great idea! by jemenake · · Score: 1

    What a novel solution... let's make our systems so that people can't hack them. What a great idea! While we're at it, let's design a freeway system that prevents anyone from ever crashing their cars.

    The reality of the situation is that it's pretty much impossible for a developer to anticipate all of the strange ways that a system can be exploited. And considerable thought already does get put into writing secure systems, in spite of what the original post intimates.

    And a "redoubling" of efforts to ensure security is pretty pointless unless Microsoft is on board with it... which they won't be because it doesn't make them any more money.

    If you really want to approach the problem differently from jail time for hackers, then how about jail time for hackees. If you're the admin for a system that gets hacked and is used to attack another system, you get 1 month in the pokey for every publicly-available security patch that you haven't applied to the system. :)

    Of course... then the problem here at our university would be: who the hell will be left to teach classes while the MIS faculty are in jail?

  44. ugh! by Anonymous Coward · · Score: 0

    I agree with some other people. This analogy is just horrible. Hacking and drug use, use of tools that target security to develop safer application vs. use of clean needles to prevent spread of disease through drug use....I mean, does drug use = hacking (in the programming sense of the word, not cracking)?

    Besides, use of things like safer OSes and more secure libraries - if you really want that kind of security, then the onus, quite frankly, should be on the OS vendor. In many cases, it'd be Microsoft, of course. If Microsoft developed a secure OS and provided (even if through 3rd party) a set of secure libraries for developers to use, then it would cover all the bases. Of course, nobody in the free software world would ever want that because it "locks" you in to using only Microsoft stuff.

    Lastly, a comment on crime and punishment. In the U.S. (I don't know about elsewhere), it is vastly more profitable (for certain parties), and therefore in some ways, desirable, for people to break the law. Why? Law enforcement can issue fines, lawyers (by far the biggest benefactors) can get their fees, and for the lucky criminals that don't get caught, there's the pure profit of the crime itself, however little it might be (not talking about crimes like homicide). In many ways, the government's structured to take law breaking into consideration as a means of providing income (parking tickets).

  45. Exercise your digital immune system by RalphBNumbers · · Score: 2, Insightful

    I personally think the plethora or virii and other exploits loose on the net today is a very good thing.

    Picture your computer as your faithful dog, man's best friend.
    Now say your neighbor has one too.
    Your neighbor lets his dog run free, and it tends to play in the local junkyard, picking up god knows what.
    You on the other hand, keep your dog nice and sheltered, only letting it outside on a leash when you walk it.

    Now which dog do you think will have a more robust immune system, if they both get sick which is more likely to survive?

    The septic environment that is today's internet forces us to make decisions that increase security, strengthening our digital immune systems.

    Imagine if there had been far less malicious hacking over the last decade or so. Imagine a world where there are no effective anti-virus programs because there are no particularly effective viruses. Where all those security holes we've read about over the years are still exploitable because we never found out about them the hard way.
    Now imagine how vulnerable such a world's systems would be if some person or organization decided to try to take them down.

    --
    "The worst tyrannies were the ones where a governance required its own logic on every embedded node." - Vernor Vinge
    1. Re:Exercise your digital immune system by Anonymous Coward · · Score: 0

      Shutup, you CNet fuckwit.

  46. Phooweee by mao+che+minh · · Score: 1
    If the crackers would stop writing viruses and hacking systems, then people would stop going to jail for computer crimes. Using more secure languages and operating systems won't change the habits or motivations of the crackers. It is also "beside the point" to ask the actual law abiding citizens to change their development and/or computing habits in order to accomodate the crackers.

    I liken this to the current state of American jails. People are always complaining that we have too many people in jail, and that [insert %] of inmates are [insert race here], and that isn't right. The same people doing the complaining always offer solutions that place the burden of the criminals' behavior upon the tax payers and law abiders. The real answer is: stop breaking the damn law!

    1. Re:Phooweee by dipipanone · · Score: 1

      It is also "beside the point" to ask the actual law abiding citizens to change their development and/or computing habits in order to accomodate the crackers

      I agree. It's good to find such open-mindedness and respect for the old internet traditions.

      Incidentally, what was the IP of your mail relay again?

  47. The REAL way to hamper hackers by pair-a-noyd · · Score: 0, Redundant

    is to outlaw M$ products.
    Winbloz is an insecure product. It's broken out of the box and can not be repaired. This is documented fact.

  48. Corporate sites need corporate security but by crovira · · Score: 1

    There's no need to screw with the compilers.

    Back in 1984 I was working on a source store that I tied into the project management and then I was able to restrict the mainframe's compiler to only accept source from the machines of the guy who was supposed to be working on it.

    Even then it went to UT, QA, SIT and finally production. The source and destination environments were set by the workflow NOT developer and depended on who was requesting the compile.

    If you weren't supposed to be working on a program, and it didn't have a migration path, you couldn't compile it. BUT you could compile anything you wanted on your own VM (This was on a mainframe. It was in 1984)

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  49. UML 0wNz! by CommieBozo · · Score: 1

    We used UML and our project is now secure! Go UML!

  50. True by american+dissident · · Score: 2

    From the article:

    Most individuals can control themselves, but there is a substantial group of people for whom no legal penalties will be enough to discourage their behavior.

    That's true of every crime I can think of. That's why we like to keep people who have demonstrated that legal penalties don't discourage them in prison, where they can do no further harm. Legal penalties may not aways be a deterent to crime, but they sure as hell can be an impediment to it.

  51. Eh. by Anonymous Coward · · Score: 0

    In the US, Justice and Vengeance are one in the same.

    Where's the justice of prison for some kid who places All Your Base-esque speech on some random corporate website?

    Sure, the kid did wrong. The kid should be punished, and made to understand that what he or she did was wrong.

    The corporation probably lost money, and loads of it, while CATS was preaching to the Captain.

    Here's the thing: Prison isn't going to do much for the kid, and it certainly won't help the corporation recoup losses. A civil lawsuit likely wouldn't either - you can't get money out of a rock and all.

    With all the talk of 'h4x0ring' being a 'terrorist act' lately, this sort of thing is only going to become a larger issue.

    Now, the civil liberty in me says, "Life for a defacement? Wrong." The system administrator in me says, "Life for a defacement? Wrong. Baseball bat and five minutes alone? Right!"

    Random idea: Chain the little bastards to a desk, which has, say, a 486 also chained to it, and make 'em do restitution work for whatever they went and fucked with. For the equivalent of hard time, have Bill Gates standing next to the desk, throwing Windows CDs at the guilty. For the equivalent of white collar crime, have a BSD Daemonette standing next to the desk, prodding the guilty with a pitchfork. Mmmm, BSD Daemonettes.

    As for reducing threats by using 'safe languages', feh. Here's a solution: Hire people who realize that OMG STRINGS NEED TO BE CHECKED FOR LENGTH!

    Buffer overflows are a product of two things: Hiring cheap labor from India, and hiring cheap labor from the US. Start paying what programmers are worth, and you'll get programmers who know what the hell they're doing in return.

  52. Different Camps by limekiller4 · · Score: 1

    I'm not sure you can link clean needle programs with the War against Drugs. People who run clean needle programs think the so-called war is a disaster and the drug war people think the needle people are unmitigated lunatics.

    --
    My .02,
    Limekiller
  53. Right... by Junior+J.+Junior+III · · Score: 3, Interesting

    This idea misunderstands things. It's widely and openly acknowledged that security can never be perfectly impenetrable. You therefore make security as best as you can, and make it illegal to breach security, and then punish breaches of security when you catch those responsible for them.

    Where this all gets hazy and crazy is when people with wide-open systems can prosecute someone for "hacking" them when all they did was walk in through an open door. Open doors are good for public places; if you don't want your computer systems to be public, don't allow it. Put a lock on it. If someone breaks and enters, that's prosecutable. But that should be the line drawn.

    What we need is for the law to say that an open door is good as an invitation, but that breaching a locked door with a sign on it that says Authorized Access and Use Only is a criminal offense -- the equivalent of tresspassing, breaking and entering, robbery, or destruction of property, as is appropriate to what actually takes place.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  54. Responsible development? by Lethyos · · Score: 2, Insightful

    If we, say, wrote in safer programming languages, used tools like Immunix's StackGuard, ProPolice, or OpenBSD 3.3, chroot and UML, we could reduce the damage a malicious hacker might do without damaging our civil liberities.

    You're saying that developers should take responsibility for what they write to ensure it's secure? You're kidding, right? I mean, who the hell wants to be responsible in this day and age?

    This kind of thing will never happen because businesses (plenty of them out there that would rahter sue than write solid code) are too lazy. I've been told "secure code doesn't make business sense -- it costs money".

    Question: when a company/whatever gets hacked, who handles the prosecution? Do you just turn it over to the FBI and they go and nail the little bastard? If that's the case, what this story discusses will never happen.

    --
    Why bother.
  55. The Law is the Law by alchemist68 · · Score: 1

    People make a decision whether or not to break the law. The analogy of giving needles to IV drug users to stave off disease is not applicable here to computer hackers. The disease of IV drug users is chemical addiction, the result of activating a biological predisposition for the addiction. Hackers probably have an affliction closely resembling gambling addiction, but either way, one makes a decision to do the wrong thing even though s/he may know it is wrong. It isn't bob's fault his computer is insecure, it's joe's fault for hacking it.

    The humiliation of the crime, fear of rotting in prison from boredom, and lack of control over one's life should be a strong enough deterrent to persuade one's decision in the direction of NOT acting against the law. However, look at our prison population compared to other countries. America has more people in prison for one crime or another compared to any other country. In other countries the punishements usually are much harsher for the crimes committed (in the middle east it is said that thieves loose one hand, hence they are likely never to steal again). Here in America, we take away your life (freedom) for a while, sometimes for the remainder of your natural life. One way or another, prison will rehabilitate the offender, often through reflection on the crime and the horrid experience of being locked in cage, hearing the screams of fellow inmates calling for help, pleading to be set free and promising to NEVER again do whatever they did to get in there. Well, their time pleading for mercy will have a cumulative effect on their behavior. They will weather the storm of their actions and experiences, and be transformed into a law abiding and productive citizen.

    1. Re:The Law is the Law by dentar · · Score: 1

      "It isn't bob's fault his computer is insecure, it's joe's fault for hacking it."

      It's the manufacturer's fault for enabling everything before shipping, and it's joe's fault for hacking it. However, joe didn't need to work that hard to hack it in the first place.

      It's much easier to hack the computer than to steal a car or get into a building.

      --
      -- I am. Therefore, I think!
  56. On the other hand... by jeti · · Score: 1

    You don't leave your door unlocked, do you?

  57. One word... by Anonymous Coward · · Score: 0

    Duuh?!?

  58. That's becaause you're an idiot by Anonymous Coward · · Score: 0

    And as further proof, you go to Rutgers.

  59. Hackers are the new millennium's druggies? by Peter+Cooper · · Score: 1

    (similar to that of "clean needle" campaign in the War on Drugs)

    Sounds great. If I were a hacker does this mean I get a support group, help weaning off of my addiction to hacking, and generous government grants and welfare? Somehow I think not.

  60. Clean needles - how? Honeypots? by zerofoo · · Score: 2, Insightful

    Sure, clean needles are a harm reduction tactic, but the harm that is being reduced is the harm to the drug user. No matter how many drugs a user puts in their arm, it doesn't affect my health.

    How exactly can we "harm reduce" the effects of hacking? These guys aren't hacking their own servers, they are hacking production boxes.

    Here's a harm reduction suggestion. The register can pay to maintain honeypots to lure hackers away from real production boxes on the internet....but I doubt they have the time or money to pull that off.

    Of course, if you use a honeypot while trying to protect yourself you might actually go to jail .

    -ted

  61. From the Pages of DUH Magazine... by Dr.+Smeegee · · Score: 1

    OF COURSE all these things will help.

    One thing the oft-maligned Theo DeRaadt is doing with the newest versison of OpenBSD is using ProPolice... which of course breaks a large amount of the ports tree. Luckily for we OpenBSD users the Ascended Masters who write and maintain our OS don't mind sacrificing comfort for correctness! :-)

  62. Thats all fine and good... by whois · · Score: 1

    And we can do this and make our own security better, but most security incidents today happen because of compromised windows machines. So we have two problems:

    1. These machines are generally easy to upgrade but admins are lazy (what makes you think people will upgrade even if we tell them the next version is safer)

    2. What makes you think Microsoft would recode their apps using these products (or anything similar) anyway?

    If we make UNIX machines harder to break into people will just move on to easier targets. I think every little bit helps, the UNIX machines might as well be secure, but it won't do you any good if someone targets you're DSL router or your active directory server.

    So whats it going to take? Large corporations standing up in meetings saying they will not buy products unless security has been reviewed? Think about the SQL slammer worm which completely screwed up parts of the Internet for 4 hours or more. Is anyone reacting? Anyone saying "well damn, guess I'd better not use MSSQL." or "hell, guess I better put a firewall in front of this thing." Anyones corporate security policy change at all? Maybe, but did your software standards change?

    There are hundreds of things that need to change before things get better. How about securing open proxys? Stopping open mail relays. Getting rid of every old and insecure version of bind, sendmail, and apache thats still running somewhere on the internet. Rewriting insecure webpage forms so they don't allow db access to everyone. Turning off telnet in a bunch of places. Same with FTP. Turn off unencrypted IMAP and POP3.

    Turn off open wireless networks, convince cable and DSL companies that despite whatever cost savings or easy configurating they get from it, putting everyone on the same network is a bad idea.

    So if I could wave a magic wand and all this stuff got taken care of, tomorrow we'd see a slashdot post saying that a fatal flaw in Ethernet causes everyone to be vunerable to any attack, nobody is upgrading because it's too expensive and there is no software fix for it.

    Unfortunatly, the easiest and quickest way to make these things stop is to put alot of people in jail for a very long time. Corporations (who have the money and the government backing) don't think it's very funny when people target their 10 year old sparc 5 thats acting as a webserver and break in. To them it doesn't matter that it's really their fault, they want some revenge, and a call to their government friends gets it for them.

    We the people of the United States can't change a damn thing, even if we want to (Apologies to non-US citizens who've read this far, I'll shutup in a minute). Changing our coding standards (while amusing to some of the true crackers that are still out there) won't change anything for the thousands of script kiddies who target year-old exploits and scan the entire internet for more boxes to compromise.

    Those of you who are not cynical feel free to respond and send solutions.

  63. Way to rationalize!! by dreamchaser · · Score: 1

    Maybe you were just getting into the semantics of the arguement, but it sounds to me like you are saying that illegally cracking a system (or 'coaxing' as you so quaintly put it) isn't nearly as bad as physical theft or trespassing. From a moral, ethical and legal standpoint you are wrong if that is indeed your position.

    1. Re:Way to rationalize!! by kenthorvath · · Score: 1

      It all depends on what was done. If I'm poking my nose around and exploring the way your system works without altering anything then, no, I don't believe that it is as bad as physically trespassing. I'm not alluding to the legality one way or the other, I'm merely questioning whether every conventional crime has a digital equivalent.

    2. Re:Way to rationalize!! by dreamchaser · · Score: 1

      Ok...let's follow your line of reasoning there. If I decide to see if I can open my neighbor's window or door without setting off their alarm, have I commited a crime?

      Just 'poking around' costs organizations time and money too, even if no real damage is done.

      Just playing devil's advocate here. It isn't as cut and dried as some people seem to think.

    3. Re:Way to rationalize!! by Anonymous Coward · · Score: 0

      I'm merely questioning whether every conventional crime has a digital equivalent

      Digital or analog, how silly to even make a distinction. You have fallen into a trap that many have. That there IS a distinction between the two. Digital is just a way to communicate in a different way. This is why we end up with silly law like the DMCA. That basicly restates law we already had. And then goes on to make usefull things 'illegal'. This distinction is WHY we get BAD law. Do not make it or allow others TO make it.

      Also to think that 'digital' trespass is somehow not as 'bad' is silly. Now everyone MUST setup basicly a razor barb wire fence around their whole network to keep 'bad' people out. In other words people who should NOT be there. They are not wanted they are not welcome there is basicly a 'NO TRESSPASSING' sign hung up front. Yet people still try to break in. And not like once a year. But more like every 5 minutes and thats just my cable modem. Its probably even higher on a high profile site.

      Sure its 'harmless' but how can I tell the difference? You say you did nothing. How can I tell that? By the time i 'catch' you your probably long gone and have covered your tracks somewhat. How can I tell that you did not alter my logs? You were in there after all. I can not easily distinguish between hostile and inocent. So I MUST treat all as hostile. OH and instead of working on getting a new printer for the office Im futzing around with this stupid log and trying to decide what it was exactly you did on MY network. Think my time doesnt cost the company money?

      Lets take this into the 'analog' world. We will even make it a bit tricky to do, to simulate the computer world. Lets say you find a way to get into my house. I left a window upstairs unlocked. So you build a ramp up to my window and climb in through that unlocked window. You dont do anything you walk around. Take a nap on my sofa. Watch a bit of TV. Turn the tv off. And walk out the front door. Now did you do something wrong here? Yes you did, criminal tresspass. How is this analogus? Its about the same as if you send a spoofed packet to let you into some port. You zip on in. Scan a couple of files. Maybe look at a few exe's laying around. And then send an email to yourself from inside the network. Then you close the program and basicly 'leave'. Did you commit a 'crime?'. I would say YES you did. You were not welcome. You had to use some form of trickery to get in. You were not allowed at any point to come in. Yet you still did. There is very little distinction.

      Did you know there are towns where people actually leave their front doors wide open? Because they KNOW the people around them will not walk on in just because they can? They will knock and yell 'hey anyone home', and WAIT for someone to come to the door. Which way is nicer?

      Do not rationalize what you have done wrong. For it is still wrong.

      Me? I would LOVE a free and OPEN network. But there are a few jerk offs out there that have to ruin it for the rest of us.

    4. Re:Way to rationalize!! by kenthorvath · · Score: 1
      Do not rationalize what you have done wrong. For it is still wrong.

      I never said that I did these things. And I'm not disagreeing with you. In fact, I see your point and possibly agree. Just exploring arguments to help make up my mind. I tend to be overly liberal sometimes...

  64. Wow by Pharmboy · · Score: 1

    So we all can reduce the effects of crackers by using safer programming languages, chroot, and other methods of good admin? What a concept! They offer suggestions like "Of course, if you don't need that particular daemon, it's better to simply turn it off."

    That is so profound. I think I will go change all my root passwords from "password" to something else, maybe even mixing cases of letters. It never dawned on me before. I might even start using iptables.</sarcasm>

    This is hardly newsworthy. It is saying: The more you implement good security measures, the less security problems you will have. While I love the Register, this article should be modded redundant itself. Its not that its wrong, its just not offering anything new or interesting.

    --
    Tequila: It's not just for breakfast anymore!
  65. Ah, more false logic by t0ny · · Score: 2, Insightful

    So, the article posting is basically opining that, if programs were completely secure, there would be not security breaches. Very nice thinking, but the sky is blue in the world I live in.

    --

    Manipulate the moderator system! Mod someone as "overrated" today.

  66. Two Words for you by gosand · · Score: 2, Insightful
    Since when are we putting hackers behind bars just for hacking? We put people in jail for breaking the law, and usually first time convicted hackers just get probation.

    Dmitry Skylarov.

    'nuff said.

    --

    My beliefs do not require that you agree with them.

    1. Re:Two Words for you by Anonymous Coward · · Score: 0

      Well, technically he didn't go to jail just for hacking, he went to jail for breaking the law while hacking, or as a result of his hacking. Think about it for a second.

      And that goes for the moderators as well.... Insightful?!? Hey, look at me, I typed Dmitri Skylarov, mod me up damnit!

    2. Re:Two Words for you by gosand · · Score: 1
      Well, technically he didn't go to jail just for hacking, he went to jail for breaking the law while hacking, or as a result of his hacking. Think about it for a second.


      OK.

      ....


      Nope, still wrong. He was jailed for planning to give a speech about ebook security. He was jailed under the DMCA, for five months, and was later cleared of all charges. But the penalties he faced were farrrrr greater than the probation that the parent poster of my comment stated.


      Here, why don't you try some reading:


      http://www.eff.org/IP/DMCA/US_v_Elcomsoft/

      --

      My beliefs do not require that you agree with them.

  67. Sorry, must disagree by mwood · · Score: 1

    We need both approaches. There are definitely some coders who should either improve the quality of their work product or leave the business. But OTOH jailing e-burglars and cyberforgers also reduces harm: they can't harm me or my friends and neighbors while they're busting rocks.

  68. so we're asking for it? by jd142 · · Score: 2, Insightful

    I'm of mixed minds about this idea. It sounds too much like a blame the victim mentality.

    "You used Windows, it's your fault your server was hacked. You should only use XXX."

    "She was wearing a sexy blouse, she was asking to be raped. Women should only wear burkas."

    "You left your car door unlocked, you were asking for it to be stolen. Everyone should lock their car doors and buy a Club (tm)."

    If you want to use the clean needle program as an analogy, what we should do is provide public honeypots for people to test their skills against. Something along these lines:

    "Hey Kids, try and crack Kevin Mitnick's computer. This is a special setup for you to test your skills against."

    "It's the Call Captain Crunch from the Vatican challenge! Captain Crunch has enabled caller id on his phone. Your job is to determine the Pope's private phone number and get it to appear as the originating phone number on the good Captain's caller id box."

    But vandalism, and that's what we're talking about here, is different than drug use. Drug use is at it's most basic, a crime against yourself. A consensual crime. Yes, addicts steal and kill, but the act of taking the drug itself only harms the user. That's why drug give away programs are supposed to work -- they eliminate the addicts need to commit a crime to feed the habit.

    People in IT, especially consultants won't like to hear this, but if you hire a consultant to manage your server and it gets broken into, you should go after both the criiminal for the vandalization and the consultant for malpractice. Madonna should have a cause of action for malpractice against whoever designed her site so poorly that it was easily cracked. And the vandal, like all vandals, should be punished.

  69. Of course... by Richy_T · · Score: 2, Insightful
    And not wearing underwear is an invitation to rape.

    And not having 10' high barbed wire fences around your property is invitation to trespass.

    Just because someone shoul dknow better than to leave things open does not lessen the crime at all. The intent of the transgresso is important however. If the trespass or computer intrusion was accidental, then that's different but if the transgressor's intention was to hack the computer, it doesn't matter if they broke a 128 bit key or tapped the spacebar twice.

    Rich

    1. Re:Of course... by Junior+J.+Junior+III · · Score: 1

      I don't disagree with your views on rape justification, but I think the analogy doesn't fit.

      If you want to use a rape analogy, the original article was saying we should decriminalize rape and make everyone wear titanium chastity belts.

      I'm saying that while improving undergarment technologies to help prevent rape is a good idea, I disfavor decriminalizing rape.

      However, current law borders on making consentual fornication illegal (or something -- there's not really a precise sex/rape-analog to the concept of walking into an open door.)

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
  70. Now that's just wrong by HoleNdaBitBucket · · Score: 2, Interesting

    Clean needles for hackers??? (First, I'll assume you meant the unethical cracker type) That comparison would have us giving better tools to UCT hackers to attack systems and then allow some leway for it to happen. Of course, in the case of the druggie, he's only "cracking" (pardon the pun) himself.

    Is it a crime to break into systems unnounced? I'll accept that. Is it a crime to see an insecure system and notify the owner? No, but then there's the paradox - defining "breaking in" and "noticing insecurity" to be mutually exclusive.

    Yes, if you leave your front door unlocked, the theif still committed the crime of theft. But your own stupidity made it easy for him.

    Now having your neighbor arrested for saying "Dude, I saw your door open while you were out. Better close it before something bad happens" is idiotic at the least.

    Give the masses safer programming languages and/or execution environments. Make them open so that they can be suited to the needs of the many. But if arrogance on the installer's part ("I'll never get hacked with this in place", "This feature is dumb so let's comment it out", "here's my own great new feature") allows the network/system/application to be hacked...well, stupidity isn't illegal.

    Force these dicisions on anyone? No way. If you do, you're no better than the liberty-hating terrorists everyone's been complaining about lately...

  71. Hardly... by TrollBridge · · Score: 1
    "Here, this guy is proposing something along the lines of eliminating car locks so that noone will be arrested for carrying burgulary tools."

    Not quite, it's more like saying that if you don't have bulletproof glass windows and 10 deadbolts on all your doors, any intrusion that occurs is YOUR fault, not the fault of the intruder.

    Granted, people should be more security conscious (homeowners as well as sysadmins) but in the end we have to properly assign the blame to the people who commit the intrusion.

    --
    There's a Mercedes gap too. I want one and can't afford one, but it's not government's job to do anything about it.
    1. Re:Hardly... by Anonymous Coward · · Score: 0

      ...no, there is a degree of reasonableness that you are missing.

      If you have deadbolt locks and never use it, you do share some responsibility for someone opening your door with ease.

      If you leave the keys in your convertible, with the top down and engine running, when you run into the 7-11 to get an Old English 800, and your car is not there when you get back 5 minutes later, well...

      A reasonable person would have at least turned off the engine and taken the keys with them.

  72. Stuff it by NDPTAL85 · · Score: 1

    I'm just going to have to assume you are a European.

    Recently some Nordic politician was killed, no murdered. The guy who murdered him got like 23 years in prison. Thats friggin pathetic. But its also systemetic. Europeans just aren't serious about crime. They're afraid of the death penalty and of harsh sentences.

    I guess human lives don't matter when its murder. Heck not even a high profile politician's life matters.

    --
    Mac OS X and Windows XP working side by side to fight back the night.
    1. Re:Stuff it by dipipanone · · Score: 1

      Europeans just aren't serious about crime.

      Of course we're serious about it. But we're serious about getting it right as well. We tend to think that it's better to leave ten guilty people alive than to mistakenly kill one guilty person, and that in the main, Americans are rather like the Arabs in their approach to criminal justice. If you're poor, you'll get your hand lopped off, but if you're OJ or a Sheik, you can always buy yourself out of trouble.

      They're afraid of the death penalty and of harsh sentences.

      Pray you never get wrongly accused of murder, because if you do, you'll be snivelling with gratitude to those people who are 'afraid' of the death penalty.

    2. Re:Stuff it by Malcontent · · Score: 1

      "The guy who murdered him got like 23 years in prison. Thats friggin pathetic. "

      Is it? Here is a quote from the Dept of Justice Dept of Justice

      # Of the 68,533 defendants convicted and sentenced during 2001, 74% were sentenced to a term of probation (either alone or in conjunction with probation), 17% were sentenced to probation (either alone or with incarceration), and 4% were sentenced to pay a fine alone.

      # The average prison sentence imposed during 2001 was 57 months. Defendants convicted of violent felonies (91 months), weapons felonies (87 months), and drug felonies (74 months) received the longest prison terms, on average.

      In case you are mathametically challenged 91 months is about seven and a half years. BTW that's just the sentencing not the actual time served which is probably a lot less.

      "Europeans just aren't serious about crime. They're afraid of the death penalty and of harsh sentences."

      Oh yes, that probably explains why europe has much higher crime rates then the US right?

      "I guess human lives don't matter when its murder. Heck not even a high profile politician's life matters."

      No humans don't matter if they are arabs.

      --

      War is necrophilia.

    3. Re:Stuff it by NDPTAL85 · · Score: 1

      Compare murder to murder. Not violent crime to murder. Not shoplifting to murder. Not jaywalking to murder.

      Europe has higher crime rates than the US? Then why is it that so many Europeans consider the US to have more crime then their countries? Which is it? Can't have it both ways.

      Arabs will matter, in about 50 years once they've become civilized.

      --
      Mac OS X and Windows XP working side by side to fight back the night.
    4. Re:Stuff it by Malcontent · · Score: 1

      I could not find the murder numbers. Let's presume for the sake of argument that they are three times longer for murder on average. That puts it at right about 23 years. I guess that sound right. A murderer is sentenced to 25 years in prison. But how long does he serve? My guess is that it's about half.

      "Europe has higher crime rates than the US?"

      It's called sarcasm you should look into it. Europe has lower rates of crime across the board including murder.

      "Arabs will matter, in about 50 years once they've become civilized."

      I figured you were one of those peole who did not consider arabs human beings. I was right.

      --

      War is necrophilia.

  73. There are two separate things! by SolitaryMan · · Score: 1

    I think that there are two problems, not one.
    First: to protect the software from security holes.
    Second: punish people for commiting a crime.
    These are separate problems. The second is not a way to prevent security holes as the first is not the way to prevent crimes. Besides, different people are solving these two problems. The first is for software designers, the second -- for police. Both must just do their job not expecting the other to do it.

    --
    May Peace Prevail On Earth
  74. Don't forget by gmhowell · · Score: 1

    Don't forget that needles in the US used to be over the counter items that didn't require a prescription. It was only because of the war on drugs that this became necessary. In the past, a druggie could either buy a few needles, or shoplift them.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  75. I understand his point...... by Alidar · · Score: 1

    His point is not that everyone should 'live behind barbed wire', etc, but that people be reasonable.

    His point is not that people should not be considered criminals for trespassing into your computer.

    His point is that people should take a little bit of responsibility for their actions. I bought a new car and while I would consider the person that might steal it a thief, I did get an alarm system for it. The alarm system did not impose on anyone else's civil liberties and did not diminish the fact that if someone stole the car it was illegal, but by making my car that much harder to steal, I am making being a thief more difficulty.

    --
    HTTP Status 418
  76. an analogy by Artful+Codger · · Score: 2, Interesting

    We all agree that robbing a bank is a serious crime (... I hope). If a bank is robbed, we blame the robber 100%.

    So how would you feel if the bank kept all your money in a paper bag on a shelf behind the teller, where any 8 year-old standing on a chair could get at it? Would you still blame the robber 100% if your money was stolen? or would you at least partially blame the bank for not providing enough security?

    Bank robbery is a crime, but we still expect the banks to have effective security and protection of our money. Servers and software must also provide reasonable protection against hacking.

    --

    ... plans that either come to naught, or half a page of scribbled lines...
  77. Re:Fix the UML link... (anal alert) by Rary · · Score: 1

    Um, it's Unified Modelling Language. But you're right, the article is talking about "the other" UML.

    --

    "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

  78. Wow... by recursiv · · Score: 1

    I haven't seen this clarity of thought exhibited on slashdot before. You have restored my hope in humanity (or at least slahsdot). Thank you.

    --
    I used to bulls-eye womp-rats in my pants
  79. No, that's not why it's complicated. by fireboy1919 · · Score: 2, Insightful

    It's complicated because language is complicated. As always, the goals of lawmakers is to make the spirit of the law match the letter of it. Obviously, there have been times when we have failed (the "separation of church and state" concept was brought into law and has caused religious persecution despite the fact that the purpose was to stop religious persecution). Interesting that the bill of rights is rather short to the point and uncomplicated, isn't it?

    Making language meet an arbitrary level of precision - the same precision as the spirit of the law - is difficult. That is why it is necessary for the system to be complicated.

    I think a better, less complicated approach to law would be to require all lawyers and people who wanted to use the law to learn and speak a limited subset of language that has absolute precision (for example, there would have to not be any words that mean "very" "much" or "too").

    The law has gotten so complicated that having another language that everyone had to learn would actually simplify it. George Orwell got it right with newspeak - not that we should have it, but that limiting language limits how you think - and certianly law requires a particular pattern of thinking of it's own, which, if enforced in this manner, would naturally limit the complexity of laws.

    The law would certainly be against the DMCA then, since all programmers would readily be able to become lawyers. :)

    --
    Mod me down and I will become more powerful than you can possibly imagine!
    1. Re:No, that's not why it's complicated. by Fulcrum+of+Evil · · Score: 1

      George Orwell got it right with newspeak - not that we should have it, but that limiting language limits how you think - and certianly law requires a particular pattern of thinking of it's own, which, if enforced in this manner, would naturally limit the complexity of laws.

      First, limiting language does not limit how you think; that has already been debunked. It merely impedes communication until a new set of words is formulated. Second, artificial languages won't help, since there will always be novel circumstances, and the language, whatever it is, will evolve or die, jusst like this one. What we've got (narrowly defined jargon with specific meanings) works as well as anything is likely to.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:No, that's not why it's complicated. by fireboy1919 · · Score: 1

      Debunked? It has? By whom?

      I don't believe that. I've met too many people that speak multiple languages.

      Have you heard about the study that relate how bilingual speakers have completely different EEGs depending on what language they're speaking?

      Its almost as if they're thought processes are changed.

      I know that I myself think differently depending on what programming language I'm using, and those aren't nearly as different as, say, english is from chinese.

      Evolve or die? Have you heard of Chomsky? Language itself is finite! There are only so many things you need to describe all conditions!

      --
      Mod me down and I will become more powerful than you can possibly imagine!
  80. Putting more people in prison might work.. by fanatic · · Score: 1

    ...if it were the programmers committing the errors that cause these who went to jail.

    For crying out lound, why are there any NEW buffer overflows being discovered? This just makes no sense.

    --
    "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
  81. Huh? by iamacat · · Score: 1

    Sounds like a formidable punishment to me. If I had a choice of a quick death or 23 years in prison, I am not sure what I would decide. As for the notion that polititian's life matters more than waiter's, it's kind of scary, although understandable.

  82. reduction of civil liberties is the goal by thomasa · · Score: 1

    not reduction of "crime".

  83. hacker vs cracker by Anonymous Coward · · Score: 0

    so slashdot has succumbed do mainstream pressure and dropped the hacker vs. cracker difference?

  84. Theo has a time machine! by Amazing+Quantum+Man · · Score: 1

    OpenBSD 3.3 was released on 1 May 2003!

    When did Theo invent a time machine, and why didn't he Open Source it?

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  85. There are no natural property rights. by Nindalf · · Score: 3, Insightful

    Let's say a group of men are shipwrecked on an island and one runs out and picks all the fruit from the few life-sustaining trees on the island while the others tend to the wounded. He now insists he owns the fruit, and demands payment of all the tools and materials which washed up from the wreck, plus a year's labor from anyone who doesn't wish to starve. Consider also the case in which he doesn't pick the fruit, but runs out and finds all the fruit trees, blazes the trails to them, and carves his initials in them, then claims perpetual total ownership over the trees.

    Now, let's say each person carries a Law Giver weapon, which is perfectly effective, but only when defending natural property. In these situations who will the weapon side with?

    Territory - claimed, defended, and expanded by violence and threat of violence - is natural. Claiming territory can be an act of aggression against the common welfare. Property is territory formalized with artificial rules. Rules for transactions of existing property might be considered natural and simple, but rules for the origin of property are entirely arbitrary. No matter how far down the chain of "natural" voluntary transactions, it is anchored in and tainted by an artificial and arbitrary government decision about the allocation of natural capital.

    This is how, "securing your property rights screws over somebody for the benefit of somebody else" is true. It's not all of the picture, but it's a significant part of it. Defending the fruitbaskets of the man who runs out and picks all the fruit before anyone else can get to it screws over those who would have picked it themselves. There isn't one man in ten who'd agree that a just government would give this opportunistic weasel exclusive rights to nature's bounty in this situation.

    Government's core function is not to secure "natural property rights." It is to minimize violence by easing the pressures that promote it. A large part of this is encouraging stability and voluntary interactions, but it's not the only part. Government is a balancing act, a series of compromises, and couldn't work according to simple, inflexible rules.

    1. Re:There are no natural property rights. by geekee · · Score: 1

      Your analogy assumes that finding equals ownership. In reality, the govt. finds and owns the land initially (or steals it, but that's another issue), and sells it to individuals, ideally. That way, your "selfish" individual doesn't have the right to own the stuff he finds, but instead the people tending the wounded could get paid in fruit and land for doing something productive.

      --
      Vote for Pedro
    2. Re:There are no natural property rights. by Nindalf · · Score: 1

      Your analogy assumes that finding equals ownership.

      Not really. The idea behind "natural property" is that a person owns their labor absolutely, and tangible property is created when someone mingles their labor with a natural thing. So finding alone doesn't equal ownership, but the labor of picking fruit or "improving" land confers ownership, even when the natural resource is much more valuable than the work done on it.

      It's more like a religion than a rational economic theory. I recommend Anthem as a fictional introduction to that sort of thought. People wouldn't be drawn to it, if it didn't make sense on some level.

      You, like myself, are seeing property as an artificial formalism of government.

    3. Re:There are no natural property rights. by Anonymous Coward · · Score: 0

      You, sir (or ma'am), are a genius. Seriously. Thank you very much for clarifying an issue I was not sure of my position on. Thank you very much.

  86. You misunderstand me... by Millennium · · Score: 1

    I'm not saying that hackers are not a problem. People are responsible for their own actions. But there is a way to flush them into using higher-level (and therefore higher-visibility) attacks without violating the rights of innocent people, and I would say that this makes it worth doing.

    As for "giving up your C compiler", no one is asking you to do that. Take a look at the article again; it links, among other things, to StackGuard, a C compiler which manages to close some of the more glaring holes that C can let through. And yes, it's Open-Source.

    1. Re:You misunderstand me... by Anonymous Coward · · Score: 0

      As for "giving up your C compiler", no one is asking you to do that. Take a look at the article again; it links, among other things, to StackGuard, a C compiler which manages to close some of the more glaring holes that C can let through. And yes, it's Open-Source.

      You don't have to use a condom if you don't get fucked.

      C, as a language, is not inherently unsafe. It gives you the freedom to do unsafe things, it even makes it easy for you, but it doesn't cause it.

      (the library is another matter...)

    2. Re:You misunderstand me... by Millennium · · Score: 1

      C, as a language, is not inherently unsafe. It gives you the freedom to do unsafe things, it even makes it easy for you, but it doesn't cause it.
      I use C a lot. I prefer it to most of its descendants, in fact. But that doesn't mean I particularly like swinging on a trapeze above a pit of crocodiles with no net, which is what your average C programmer is doing.

      Even the best programmers make mistakes. One need only look at the CVS changelogs for any program written in C or other languages of its ilk to see that. Most of these inane little problems are caught before they ever reach the public, but some always creep through. It's just the nature of programming at such a low level. Compilers like StackGuard and Insure don't force you to change the way you program or anything. They're just another line of defense. And with Open-Source versions of such tools out there, there is no reason not to be using these.

  87. An analogy from the "real world" by Shoten · · Score: 3, Insightful

    Ok, so let me see if I got this right. Current (intensely clumsy) law enforcement deterrents are not working. So we should instead decriminalize hacking, and place the burden upon the victims to mitigate their vulnerability? How much more are you going to burden them than already is the case?

    To me this is like responding to a rise in shootings by decriminalizing assault with intent to kill, and instead demanding that doctors and paramedics do a better job.

    --

    For your security, this post has been encrypted with ROT-13, twice.
  88. Heh.. by M.C.+Hampster · · Score: 1

    I'll give up my C compiler when they pry off the platters of my cold dead hard drive.

    Were you intentionally trying to sound like Charlton Heston? Perhaps you should form the NCA, National C Association, to protect the rights of C coders in America. You could be the president! :-)

    --
    Forget the whales - save the babies.
  89. Re:Clean needles - how? Honeypots? by dipipanone · · Score: 1

    No matter how many drugs a user puts in their arm, it doesn't affect my health.

    Unless you happen to have sex with one. Or have sex with someone who once had sex with one.

    Are you getting my drift here? Governments fund harm reduction because it protects us *all*.

  90. From my auditing experience... by Anonymous Coward · · Score: 0

    UML is far from helping in all cases. In several unconnected audits which I performed, using UML or other semi-formal methodology for a specification actually "hid" to the unfamiliar reader the details of a very simple system whose specification was actually wrong. Nobody noticed, partly I suspect because in UML it did look neat and clean.

    The problem is that some people take modelling methodologies as a substitute for common sense. Beware!

  91. Ada ... by Anonymous Coward · · Score: 0

    ... is a safer language.

  92. Imprisoning more people will help by phorm · · Score: 1

    But what they need to start doing, is imprison more of the right-type people, and less of the people who are being nailed for minor crimes, or wrongfully imprisoned, etc.

    First of all, a nice dark cell for white-collar execs, complete with a large guy named "bubba", would go nicely towards prevent future Enrons

    1. Re:Imprisoning more people will help by Anonymous Coward · · Score: 0
      But what they need to start doing, is imprison more of the right-type people ...

      Like Kevin Mitnik!

    2. Re:Imprisoning more people will help by oh · · Score: 1
      But what they need to start doing, is imprison more of the right-type people, and less of the people who are being nailed for minor crimes, or wrongfully imprisoned, etc.

      First of all, a nice dark cell for white-collar execs, complete with a large guy named "bubba", would go nicely towards prevent future Enrons


      I think people who commit those sort of crimes think they will never be caught. Sure simetimes people say "$50- fine, its worth the risk" but is there the same sort of judgement about "its only 5 years". In other words, how many people who commit a crime with a "light" jail sentence would still commit if there was a "heavy" punishment? Think about it.
      --
      Democracy isn't about no one telling you what to do. It's about everyone telling you what to do.
  93. Clean needles for hackers by phorm · · Score: 1

    A clean needle suggests allowing them a safe place to get their fix, not preventing them from doing so (making them have to think up more stealthy/ingenius methods of hacking).

    I think a clean needle would run more along the lines of the previously mentioned - give them a proper place to hack. Let them hack a home server, or a site intented to be hacked. I can suggest several sites that seem to be in demand for a good hacking

  94. Hmm... No. by oaf357 · · Score: 1

    I always thought the "clean needle" approach of drug abusers was to stop the spread of infectious diseases like HIV. Not to actually get them to stop using drugs.

    Writing in better (more secure) languages and using better toolkits should be done regardless of what hackers are or aren't doing. This should be the standard, not a means to abolish penalties for breaking the law.

    Furthermore, hackers are criminals (in most instances). Using a technique (that should already be used) to prevent them from hacking still doesn't mean hackers will disappear. It means they'll have to try harder and be much better at what they do.

    Hackers will always exsist, it's a foregone conclusion. Making it more difficult for them protects you. It doesn't protect everyone. The best protection against a criminal is either to lock them up in prison or the myriad of other (more lethal) alternatives.

    I don't dislike hackers. But the "clean needle" approach to crime doesn't exsist.

  95. The learning justification for hacking is bogus by Anonymous Coward · · Score: 0

    I have heard that hackers are just people who are learning about computers. This is false. Hackers break into other computers for the sense of power and control they feel at controlling a part of someone elses life. They need that sense of power because they are too stupid to learn on their own.

    A personal computer, yours - not someone elses, is an inexaustable resource for learning. With all the free tools available, you can literally teach your computer to do anything. So there is no limit to what you can learn about computers without controlling, exploring, or interfering with another persons computer.

    Perhaps the hackers of yesterday who wanted access to a computer, but could not get one of their own might have had some excuse. But with easily or freely available computers, that excuse does not exist anymore. Anyone who wants to learn about computers can do so without hacking. Even the hackers of yesterday probably could have gotten legal access to "learn" by entering some journyman program with a corporation. They didnt have to trespass.

    There was never a ligit excuse for hacking and there is no excuse now.

  96. Credence Clearwater Revival! by Azahar · · Score: 1

    When the spirit moves, you just got to get up and move the body to the spirit moving.

    --
    Cuiusvis hominis est errare; nullius nisi insipientis in errore perseverare.
  97. why UML? by Submarine · · Score: 1

    I agree with the safer programming languages (such as Java or OCaml). I agree with the better tools. I agree with dynamic checks, stack guards and whatever. Let's add for good measure static analysis.

    But why UML? UML is a modeling language. What the above solutions are trying to catch are implementation issues.

    If you're trying to catch issues at the design level, you need much more than a modeling language in which to write vague descriptions. You need tools that can show that your implementation corresponds to the design. You need tools that are capable of dealing with issues such as interlocking threads.

  98. Don't shift responsibility by XiaouTuzi · · Score: 1

    I contend that existing legislation is draconian because the vast majority of representatives know good and well that their constiuency by and large would not be negatively impacted by the most severe anti-hacking legislation immaginable. In fact they probably couldn't avoid political suicide by countering such measures. Its not a matter of whether the law is strict or too strict and thereby we have to take blame for using weak tools & code its what popular public opinion will swallow given special interest group involvments. We have something of a police state going on right now as a behind the scenes infrastructure protection mechanism in this time of perpetual conflict. To most people this simply could not possibly matter. To the people who's job it is to care about such things, well, you have a state or federal job. Congratulations.

    To most of our citizenry Its like being an 85 year old in Singapore, sure the kids and foreigners may gripe about the strictness of the laws a bit but you personally are rather comforted by the fact that they would be taking their life in their hands if they were hanging out in your front lawn drinking beer. All that said however I'm tired of seeing leglislation implemented on the sly allowing law enforcement such access into my personal life that I think my proctologist would have take a number.

    he laws & their enforcemnet do get annoying but really, the responsibility is on the individual and anyone truly concerned about this already knows fine and well that their concerns are rooted in the liklihood that they're breaking at least the spirit of existing laws and damn them for making things worse for the rest of us. I'm not down for giving them a cookie for making my life more difficult, I don't care what form it comes in.

    Again, I have no pity for the law enforcement in this matter either, they've got broader sweeping powers and bigger budgets than ever because of global affairs and at a time when state budgets have clearly chosen to fund them over our teachers. You're the guys with the training budgets not the kids of tommorrow, cry me a freaking river. Its incumbent on law enforcement to know the laws we're being arm-twisted into funding so fine. Since I've picked up the check you can go do your damn job and go after real criminals I'll just work on finding the cash to afford home schooling. Clemency contingencies surrounding coding choices that involve notoriously weak tools hardly seem relevant to American citizenry when we're playing fast and loose with our literacy rating. We paid for the law enforcment, let them go after the non-americans who still have a clue on cracking a crappy program.
    We're just a bunch of old folks who want those damn kids off our lawn.

  99. Mostly true .. but it is: ... by eyeb1 · · Score: 1


    mostly very true .. but it is:

    "instruments of government" that are themselves the real problem ..

    they are nothing but perversions and limitations of true freedom .. and are all just different degrees and levels of dictatorship over a weak and brainwashed people ..

    the only pure and true form of democracy is Direct Democracy .. in which there can be: "NO representation in lieu of the people"

    your constitution does say: WE THE PEOPLE does it not .. although constitutional authorities .. are also just a another distraction of the authority and will of THE people ..

    how and where did so many people .. in so many places .. get this idea that you can and should elect governments/RULERS and PAY them to hire and pay mercenaries to defend the citizenry from the violence and stupidity of themselves and others .. if so .. those nations and their citizenship are nothing but forms of slavery and cowardice .. and when it's foes are much smaller and weaker than they .. nothing but schoolyard bullies .. when they exercise authority over others ..

    not very surprising when Public Education/Indoctrination is the source of their knowledge ..

    it is the duty of all the citizens of a noble state to defend THEIR nation or to be known to one's self and others as a coward .. and to those who would claim their beliefs prohibit them from trying to cause harm to others .. so be it .. but if they are to give substance to their beliefs .. they should be willing to stand at the front as "human shields" .. a testament to the strength of their FAITH "the substance of things hoped for .. the evidence of things not seen"

    did you say secure YOUR property rights .. by the means of PAYED mercenaries .. the states soldiers, police and security forces ..

    there is nothing more arbitrary and illusionary that property right .. beyond that which an individual can enforce by themselves ..

    just ask the original indigenous inhabitants about the meaning of Property Rights .. or anyone else that has had their land expropriated ..

  100. Clean needles don't reduce crime by Anonymous Coward · · Score: 0

    Clean needles only reduce the self inflicted bloodborne diseases drug users acquire from dirty needles. They do not prevent drug users from mugging or murdering others for drug money or from committing burglaries for drug money. Which is how most drug abusers get their drug money, once they've been hooked, and that is why there should be a war on drugs.

    I have yet to hear of a "hacker" who only threatened his own computer and nobody else's.

    1. Re:Clean needles don't reduce crime by Zelig321 · · Score: 1

      Hackers, by that analogy, are not the drug addicts.

      The analogy, as I understand it, only uses the drug addicts concept to adress the way to reduce the damage done by hacking. Not the need (urge?) felt by hackers to do damage.

      Anyway, because there is no physical addiction to hacking (maybe psychological in some cases, but still not as strong as drug abuse), so the analogy is not such a good one in my opinion.

  101. I hurt all over by The+Angry+Mick · · Score: 2, Funny

    I can see it now . . .
    Please . . . I don't want to be a bother, but can you help a brother out? I'm hurting, man . . . I just need five more dollars to buy some safer software . . .

    --

    I'm not tense. I'm just terribly, terribly, alert.

  102. Re:There is no natural common welfare. by Yet+Another+Smith · · Score: 1

    Hmm. You offer an example of someone claiming 'natural property rights' when he arguably does not deserve them. This does provide an example which indicates that there are not always undisputed natural property rights. One counterexample does not, however, prove the non-existence of natural property rights.

    Imagine the following variation. A group of sailors is shipwrecked. One is uninjured, the others are hurt. The uninjured fellow tends their wounds, and then collects and shares fruit. After they are well, the uninjured fellow returns to the forest to gather more fruit. However, the now-able-bodied recoverees do not also go and collect fruit. They wait for the first fellow to return, and then they eat the fruit that he has collected.

    Property rights are natural in a stable situation.

    Claiming territory can be an act of aggression against the common welfare.

    Delineating agreed upon territory can provide a method whereby the common welfare can be protected against agression. The common welfare is also not a natural state. For welfare to truly be common, and not to impose unfairly on one member of society or another, a delicate balance must be maintained.

    In any event, hackers (or more correctly crackers) often do damage. The damage is rarely (but occassionally) physical, but damage is done. In such cases, Mitnik being the most famous, they must be incarcerated. By the way, Mitnik did not just come up with clever hacks. He lied to people and manipulated them to get their passwords. Felons are prohibited from owning guns, despite the fact that arms rights are specifically protected by the Constitution. People who commit crimes due to alcohol abuse are routinely prohibited from drinking for the duration of their sentence. Putting hackers in jail, and telling them they can't use personal computers (meaning general purpose computers, not calculators and the like) is hardly cruel or unusual punishment.

    --
    if ($it != $onething) {$it = $another;}
  103. Make people not hack by making it hard to do by Tom7 · · Score: 1



    The problem *is* insecure systems. When a 14 year-old can download a script and root a hundred computers in an evening, that's a problem. There will always be 14 year-olds who think they are immune from the law (and, in many senses they are today), no matter how many hackers we prosecute. It is pretty damn easy to make systems that are much more secure so that there are many fewer scripts for kiddies to get. One easy way is to use a modern safe language, where the common security bugs that cause your and my boxes to get rooted are impossible to make. If you're still in love with cowboy C programming, there are things like Stackguard and the Pax kernel patches (address randomization, etc.) that make even C code a whole lot less exploitable.

    For my money, Millennium has interpreted the article right, and the article makes a good point: the most cost effective way to improve security is to make and use more secure systems, not to try to deter 14-year olds from downloading scripts by imposing draconian laws. Of course, destructive cracking will remain illegal, and people should be prosecuted when they do it, but at least those people will have had to go through a lot more trouble to do so.

  104. Need a bit of both by ctve · · Score: 2, Insightful
    On the one hand, prosecuting crackers with malicious intent is a good thing.

    On the other, people need to do a much better job of security. The number of people I know who just load up a "cool" piece of software they've been sent by a mate is shocking. Often, it's a .exe showing an animation, when it could have been put into one of a number of 'sandboxed' formats like Shockwave or Flash.

    No-one out there seems to think - they just install something that could wreck their hard drive or open up ports.

    Personally, I don't download anything sent as a .EXE. I want to know the address of the website I can get it from to ensure it's reasonably reputable, and then check it's been up there for long enough to be safe.

  105. A safer computing language by Anonymous Coward · · Score: 0

    comprises of a language were the word microsoft is not mentioned.

  106. Riddle me this by Nurgled · · Score: 1

    If killing people is wrong (and thus warrants a harsh punishment), why is it morally right to kill people who kill?

    I'm of the opinion that taking someone's life is always wrong, regardless of circumstance, since it is an irrevocable action.

    Double-standards are at their worst when they manifest in the judicial system.

  107. Re:There is no natural common welfare. by Nindalf · · Score: 1

    My point is only that there are few simple answers. There is no natural, simple, easy, perfect government which we somehow consistently deviate from.

    Property is not set in stone by some natural principle which is offended by taxes, nor is defense of legitimate property unconditionally above reproach. Most, if not all, actual property is tainted to some degree by aggression or fraud. It is defended as a practical matter, for practical purposes, not to suit some simplistic ideal.

    I'm no supporter of computer trespass, and don't care to discuss Kevin Mitnick's case. I was only following ratamacue's tangent.

  108. How about an alternative (adjusted)public service? by Anonymous Coward · · Score: 0

    The idea I'd like to formulate is simple really.

    Depending on the severity of their crime dilinquents are often sentenced with alternative sentences that are geared towards community service. In similar regard maybe court could sentence hackers to hack software daily so holes can be uncovered and plugged by software creators.

    Ok, so there are some rough edges. I can't imagine a company wanting hackers on their networks but with reasonable measures. Something could be set up like a workshop in some facility (perhaps a closed one if the court deems that is needed).

  109. Re:There is no natural common welfare. by Dirtside · · Score: 1

    The way I usually phrase your original argument is this:

    "The only natural laws are the laws of physics. All other laws are social constructs."

    Of course, this doesn't mean that there aren't a lot of useful social constructs that help people live happy, civilized lives (and of course some laws are more effective at this than others).

    --
    "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
  110. UML is the answer??? by Anonymous Coward · · Score: 0

    I can just see the adds now. Out product is safe and secure because we use UML. UML making script kiddies a thing of the past.

  111. Whose definition of computer security? by hether · · Score: 2, Insightful

    we should "give up on the notion that computer security can be improved by putting more people in prison."

    The big thing to me is whose definition of computer security are we going to use? I think there's a big difference between hacking into somebody else's system and destroying things, and reverse engineering something to work better or downloading a software crack. However, in the eyes of the governement, and their new tough on computer crimes approach, this can be treated as practically the same thing!

    --

    Most people would die sooner than think; in fact, they do.
  112. Re:say What??? by GnarlyNome · · Score: 1

    Do you know of any thing that the Gov. has not well and truly fouled up? When the Mustang Ranch (a Cathouse in Navada) went into bankrupcy, the Gov (IRS) took over operations it was out of business in 90 days . If they are not compent to run a cathouse how can they run a country?

    --
    Diplomacy is the art of saying "Nice doggie" until you can find a rock. Will Rogers
  113. Re:There is no natural common welfare. by GnarlyNome · · Score: 1

    Ah but , that is the nub Which social constructs? Who decides? If I don't like your decision do I have an appeal? if 50,000,000 people cannot be wrong does 50,000,000+1 invalidate their beliefs?

    --
    Diplomacy is the art of saying "Nice doggie" until you can find a rock. Will Rogers
  114. I swore long ago I wouldn't go into such debates by HuguesT · · Score: 1

    However, the key argument (I find) against this sort of argument is that the justice system is not impartial and make a lot of mistakes. One of the reasons is the jury system, where ordinary people don't understand scientific evidence given to them and tend to trust eyewitnesses above everything else [the weakest form of evidence in my view].

    A significant number of innocent people have been put to death. It could be you one day, think about it.