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Watch For A New Set Of CyberSecurity Laws

SuperDuG writes "According to a story on PCWorld.com the Congressional subcommittee dealing with cybersecurity will be researching and legislating new cybersecurity laws. The Chair, Adam Putnam says 'We want to put something out there that makes sense, that's balanced, that accomplishes the same goals, without it being this headlong rush to prove that we're doing something for our constituents because we were asleep at the switch when there was this digital Pearl Harbor.' Perhaps it wouldn't hurt if we all took a part and Contacted Representative Putnam about how well thought out other cybersecurity laws like the DMCA have 'helped out' and were 'thought out.' At least they're actually thinking before they legislate, and it seems they're open for suggestions."

15 of 135 comments (clear)

  1. Kneejerk away by Anonymous Coward · · Score: 1, Interesting

    Outside of a few cases, where has the DMCA not been ultimately beneficial (the 'safe harbor' provision for ISPs, for one.) How many DMCA cases have actually been run through the system?

    1. Re:Kneejerk away by Motherfucking+Shit · · Score: 4, Interesting
      How many DMCA cases have actually been run through the system?
      Very few that I'm aware of, and that's the whole problem.

      The DMCA essentially presupposes guilt, so ABC Corp doesn't even have to bother going to court... They just fire off a DMCA takedown notice. ISPs or other third parties little choice but to shutdown the target site - even if there's nothing illegal going on - lest they be found a party to any infringement that might be taking place.
      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    2. Re:Kneejerk away by ihatesco · · Score: 3, Interesting
      Outside of a few cases, where has the DMCA not been ultimately beneficial (the 'safe harbor' provision for ISPs, for one.) How many DMCA cases have actually been run through the system?

      Just too many.
      If you think about it DMCA, EUCD are ill-conceived, partisan laws.

      Some order must be done in order for the society to stay healthy AND alive, and some clarifications must as well be done for laws (like, for example, extending the notion of transmission channels to the internet, so that you could prosecute Child pornography or shit like that), but DMCA and its clones only represents major companies.

      The scariest part of DMCA are two:

      1. The provision "your provider must cease the distribution of content you put online on notification". This goes against any reasoning of "innocent until proven". (Minority Report anyone?)
      2. Any provision in it which helps kill scientific research by silencing the spreading of knowledge.
      3. Ok, this doesn't answer your question. I hope anyway someone reads my rant but mods you up :).

        WIPO SUCKS
        WTO SUCKS

      --
      "I am slashbot, hear me roar!"
  2. please explain to me by the_2nd_coming · · Score: 5, Interesting

    how can we have a "digital pearl harbor"

    I mean the nature of the internet is decentralised so at most, there would be anoyances rather than devistation.

    also, every critical system is on a closed network so our infrastructure will not fall apart.

    the only thing I am left with, is that they want to protect corprate profits from script kiddies.

    --



    I am the Alpha and the Omega-3
    1. Re:please explain to me by bj8rn · · Score: 3, Interesting
      The article mentioned an incident with Mississipi flood gate control system as 'digital Pearl Harbor'.

      I think the stress of this metaphor is not so much on devastation, but rather on surprise attack, so it has at least some point - the real Japanese attack wasn't as devastaing as they wanted it to be, but it was rather the surprise of the attack on USA that had a bigger effect. Just as the attacks of Sept. 11 2001 did relatively little direct material damage, but the psychological effect was enormous. A digital Pearl Harbor would also cause relatively little direct damage, but cause a deep feeling of insecurity.

      --
      Hell is not other people; it is yourself. - Ludwig Wittgenstein
  3. Hey wait! That sounds like Canadian lawmakers! by edunbar93 · · Score: 4, Interesting

    We want to put something out there that makes sense, that's balanced, that accomplishes the same goals, without it being this headlong rush to prove that we're doing something

    Our government has this weird tendency towards actually thinking before it acts. And doing it the first time, rather than blundering around with large blunt instruments RIGHT AWAY because people are screaming for the government to protect them RIGHT AWAY.

    But I guess someone has to blunder around stupidly to serve as an example to the rest of the world for What Not To Do. :)

    --
    "No problem. I have the capacity to do infinite work so long as you don't mind that my quality approaches zero."-Dilbert
  4. Canadian lawmakers screw up by Anonymous Coward · · Score: 1, Interesting

    "Our government has this weird tendency towards actually thinking before it acts"

    They failed to give the proper thought to the matter before they foisted the inferior socialist hell-care system on the Canadians.

    It would have been better off if they had stayed home that day instead of voting on this monstrosity, which is embarassment to the hemisphere.

  5. Private sector only? What about the rest of us? by jsmyth · · Score: 5, Interesting

    "Frankly, I'm finding a lack of attention and a lack of understanding by the Congress and the (Bush) administration as to the serious nature of the threat," he said. "It's not nearly as sexy, or as engaging, or as interesting as the threats that are posed by terrorists boarding aircraft, or terrorists threats to the Brooklyn Bridge

    Issues that affect us all, but... Forthcoming cybersecurity legislation will be "meaningful regulatory approach to securing private-sector critical infrastructure" says Representative Adam Putnam

    Shame it's only for the private sector. Ordinary decent home users would benefit greatly from a similary committee. Currently there is little or no useful media attention, which is a problem
    Put it this way: if you were to hold a random sampling of U.S. citizens on cybersecurity, you would likely get a lot of semi- or un-informed views on it. The reason is simple: it's not considered important enough by society at large to have anything more than a knee-jerk reaction to it. If/when the details of cybersecurity (not just the fallout from high-profile cases) becomes a big thing in the media and in government, only then will the population at large (who are being spoonfed by popular media, remember) feel that it is important enough to become an issue.

    Congress shouldn't take a "knee-jerk, let's legislate" approach to cybersecurity, Putnam answered. He noted that many people in Congress and in the public don't realize how many pieces of the U.S. critical infrastructure are controlled through networked technology. He used the example of flood-control gates on the Mississippi River or the power grids that serve stock markets.

    No mention of the myriad other effects of problematic cybersecurity, such as that mentioned here, and presumably many similar more highly controlled privacy issues wrapped around the TIA and other institutional privacy violations.
    Until then, it remains an issue for the interested parties and the various lobby groups, and now for the "private sector" affected by this committee. The average internet user doesn't understand the implementations, the "downsides" discussed ad nauseam on Slashdot, or the current infringements on privacy laws by the Bush administration and their agents, so there will be no popular upswing, no attempt to popularise privacy and security for Mr. Average Midwestern Suburbian, who currently doesn't spend as much time as we do reading up on "niche" issues such as this.
    Ultimately, the population is only as interested in an issue such as cybersecurity as they are directly affected by it. Otherwise, it depends how the media portrays it. Think DMCA, think The Geneva Convention, think The Universal Convention on Human Rights. The US media targetted the DMCA issue at the public by suggesting that "hackers" would benefit if it wasn't in place. The Patriot Act was introduced to wide public acclaim because the media suggested "Terrorists" would benefit if it wasn't in place. The Geneva convention is flaunted in Guantanamo Bay, and the US public lets it past because the media doesn't highlight it.
    If the general public - the majority of voters - are not negatively affected by the multivarious issues in cybersecurity - including things currently covered by wiretapping laws, TIA etc., and erosion of personal privacy - then it takes too much effort for them to take interest, and too much effort on the media's part to educate them.
    Until it becomes an issue of general relevance, the voting public won't care, input will be limited to private sector industries, and their liberties will be further eroded until they have a mode of thought equivalent to "newspeak", with only the single state department/media line to go along with.

    --
    jer

    We may be human, but we're still animals
    - Steve Vai
  6. Re:OS vendor liability by giel · · Score: 2, Interesting
    Operating system vendors who sell, for money, systems which connect to a network are liable for damages to third parties caused by security flaws in their products.

    I like this idea. It would mean that when I write a piece of software that takes advantage of security leaks in product X, the vendor of X should be liable for the damage I do to third parties.

    --
    giel.y contains 2 shift/reduce conflicts
  7. the only benefical politican by linuxislandsucks · · Score: 2, Interesting

    My Dad use to say the only bebenfical politican is a dead one..

    why not repeal the DCMA and start over?

    --
    Don't Tread on OpenSource
  8. Termites ( or why I hate closed source ). by anubi · · Score: 5, Interesting
    I hate proprietary interfaces and laws protecting them. This is a bit offtopic but I think it illustrates the concept.

    I just had my "annual treatment" for termites. The termite guy made a big showing going around my house with a hose connected to his truck which was supposedly dispensing termiticide. Yes, lots and lots of fluid came from the hose, soaking it in pretty good. He told me the termiticide was a pyrethrin based material. Ok. I asked for a jug of it while he had hose in hand for spot treatment should I find a spot missed. No way. He could not, by "law", dispense the material other than as directed. So, it all went onto the ground in front of me.

    Ok, now he presents me with the form to sign regarding completion of the treatment. There is a spot on the form where the chemicals used and quantity are supposed to be filled in. But he leaves it blank, because there wasn't an active infestation that was specifically treated. Apparently, under "law", I do not need to be informed as to what chemical he sprayed all over my property.

    Now, here's the part that infuriates me, the next day, I go out to feed my cats and there's ANTS all over my cat food bowl. Now I figured that strong fresh dose of termiticide would have done away with all those ants.

    Had I been able to recover a sample of whatever he sprayed on my property, I could send it off to a chemist friend who has a gas chromatograph in his garage and ask him to run a spectra on it and look for pyrethrins. I strongly suspect the termite man just made a show of spraying water on my property. To add insult to injury, I destroyed much of my vegetable garden on his advice that the poisons would be absorbed into my edibles.

    Its all this closed-source ( not the price, but the reassurance that I know what I am getting ) that concerns me so. I am *personally* responsible for the expenses of maintaining my house, it does me no good to try to blame someone else, so having some termite company to blame it on does not help me. I feel I have a right to know what chemicals and in which strength is placed on my property, and I feel I have a right to verify this.

    I am getting really fed up with all these laws prohibiting the understanding ( possibly reverse engineering if the vendor is uncooperative ) of what I am receiving in return for money. This seems so unfair to me because the quality of the money can be so easily verified, but I am supposed to accept, by laws passed by Congress, the word of the vendor on what it is I am buying.

    I know I am being a little hot-headed on this issue, but the problem is I am personally responsible. In a large business, it wouldn't make that much difference on whether or not lots of damage resulted from some delegate's failure to perform, as I could delegate the problem and wash my hands of it, while still retaining my employment status and retirement plans. ( This is the main reason in my mind why business executives would choose to go with some system that keeps them ignorant of its inner workings. ) On my level, when I am personally responsible, I want the ability to verify anything. It really cripes me to have my rights to verification annuled by law.

    --
    "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

  9. Didigtal Pearl Harbor by 1of0 · · Score: 3, Interesting

    Am I the only one who is annoyed by people throwing around phrases like "Digital Pearl Harbor"?

    What in the world would that be? Do they expect every computer to burst aflame and melt into a puddle?

    Or maybe more sensibly they mean wide scale security breach, oh like Code Red 1 through Code Red n.

    The first is just stupid, the later has been happenning on monthly bases for the last 3 years. And yet it doesn't seem to count as "Digital Pearl Harbor".

    So perhaps somebody would like to enlighten me as to what in hell they're expecting?

  10. Cyber-Security & software liability are differ by OldHawk777 · · Score: 2, Interesting

    are two different topics, but both have a complex fused relationship.

    Cyber-Security (I think) has three major facets:
    (1) Static Defense, mission to maintain all necessary daily business processes for the users, LAN, Enterprise, and external relationships - by doing all the right things to create (to the most professional extent possible) an impregnable IT/IS/IM/CT (collaborative technologies [AKA: Synergy Tech]) network/environment .... No one (or few) attacks, because failure is highly probable, the enemy cracker, phreaker, ... forensic tools collect incorruptible legally admissible evidence for prosecution, and prosecution is internationally pursued.
    (2) Active Defense, mission to develop and deploy H/S/N technologies and training that support the static defense for the government, military, and business in an intelligent cooperative coordinated manner. Remember reactionaries are like suicide-fanatics ... they always do the most evil and/or wrong thing with ridiculous and righteous intentions. Supporting the static defense (first), then identify your potential enemy, your active enemy, their communications, operations, tactics and versatility (ability to attack, evade, and change with situations, people, and places), ... you must be able to hunt them down and prosecute with (if possible) civilized methods to whatever extent is required for victory (enemies surrender, go to jail, or die [limited options]).
    (3) Open Source and Open Standards to address the problem of "Security Through Obscurity", because today there is no way to develop a Cyber-Security plan that addresses proprietary interest. This does not imply that software and/or hardware copyright should be abandoned for GPL/CopyLeft, but the only planning possible for the unknown (of proprietary hardware protocols and applications, and software) is to accept promises and pray for miracles. Standards of required procedures for business, government and military when compromises occur must include reporting security anomalies and problems and schedules and penalties on resolving security anomalies and problems, and when someone intentionally hides information about security anomalies and problems, then criminal fines and jail sentences must be enforced at the highest levels responsible in business, government and military. A security violation "Sleeping on Duty" and/or attempts to defraud can kill thousands of citizens in a surprise attack. Duplicity and treason have much in common, to me, in times of war.
    There are many fine points, but for me the, three points, above are the big-picture. Reactionary investigations and arrest of script-kiddies and hackers with no provable malicious (defacing a website is a prank, not an attack, devastation, destruction, dead people, murder, ...) intent is a vast waste of valuable resources needed for homeland defenses not virtual reality graffiti artist. Reasonable, measured, and proportional responses should be considered, public-image making can be absurd and wasteful.

    On software liability it should be addressed in much the same way as any other liability is handled. The laws are adequate, but legislatures, courts, and lawyers want to make technology hardware and software something unique.
    If I buy a dangerous car and the OEM knows, then .... Software should be treated the same. The car OEM can be deceitful or proactive in fixing the problem, and the OSD of the software should be required to proceed with equal haste to deceive or repair.

    OldHawk777

    Reality is a self-induced hallucination.

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  11. Re:Doh! One thing I forgot ... by fshalor · · Score: 2, Interesting

    The funny thing is, I just tried to use that page to give him some words addressing my position and experiences, thoughts, what not. The "submit information" link didn't wokr in Safari. :) So, since I'm not using Windo$e, my voice is not herad without going through some effort. All I wanted was an email address to email him at...

    Best,

    --
    -=fshalor ::this post not spellchecked. move along::
  12. Re:OS vendor liability by hankaholic · · Score: 3, Interesting

    The flaw with this shiny-looking argument is in the definition of "security flaw".

    Keep in mind that lawyers like very specific language. Laws and regulations must be worded in such a way that one can compare an example against the language of the law and determine whether something qualifies as a violation of that law.

    Now, many, MANY strains of viruses have been nothing more than (barely!) masked Trojans.

    In other words, if you can get the user to run something, it's a security risk, and one for which the OS vendor cannot necessarily be held responsible, short of disallowing programs to run other programs.

    In any environment in which data and code are not separated by CPU-level protection mechanisms, a buffer overflow can happen. Even with such protection in place, any time the user is allowed to launch an arbitrary program, there is a risk involved.

    Keep in mind that requiring a vendor to label something which is potentially dangerous with "This is a program, which will execute!" or other such flags is insufficient -- the user cannot be trusted to know what such things mean.

    What you're saying makes about as much sense, when it comes down to it, as suggesting that mail server vendors be held responsible for flaws in their software which allows spam to be received. In either case, it's a matter of the system not knowing whether the user is doing something legitimate (running a game, or an eCard from Granny) or something with bad results (running a trojan or receiving UCE).

    If you can come up with a system which can distinguish between the two cases without burdening the user excessively (read: "at all"), then stop posting your overrated drivel and get ye to the patent office, before someone else does!

    --
    Somebody get that guy an ambulance!