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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."

53 of 285 comments (clear)

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

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

    1. 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.

    2. 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.

    3. 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.

    4. 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.
    5. 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.
    6. 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.

    7. 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?

    8. 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...
    9. 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.

  2. 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...

  3. 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.

  4. 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?
  5. 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 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
    2. 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.

    3. 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. 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.

  7. 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.

  8. 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!"
  9. 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.
  10. 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?)

  11. 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
  12. 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.

  13. 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.
  14. 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.
  15. 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.

  16. 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.
  17. 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 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.

    2. 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... ***
  18. 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

  19. 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.

  20. 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
  21. 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.

  22. 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!
  23. 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.
  24. 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

  25. 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.

  26. 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.

  27. 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.

  28. 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

  29. 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...

  30. 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.

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    ... plans that either come to naught, or half a page of scribbled lines...
  31. 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. :)

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    Mod me down and I will become more powerful than you can possibly imagine!
  32. 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.

  33. 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.

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    For your security, this post has been encrypted with ROT-13, twice.
  34. 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 . . .

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    I'm not tense. I'm just terribly, terribly, alert.

  35. 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.

  36. 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!

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    Most people would die sooner than think; in fact, they do.