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Talk About A Security Hole, Go To Jail?

Nu11.org writes "According to a SecurityFocus article, 'Federal prosecutors in California went too far when they put a man in prison for disclosing a website security hole to the people at risk from it.'" According to the article, "...by explaining how the vulnerability worked, and why customer data was at risk, prosecutors asserted, the security specialist 'impaired the integrity' of the affected network", citing the case of Bret McDanel and his former employer, Tornado Development, Inc. We've discussed the disclosure of software exploits recently.

472 comments

  1. Compulsory jail joke by Rosco+P.+Coltrane · · Score: 2, Funny

    Federal prosecutors in California went too far when they put a man in prison for disclosing a website security hole

    Guess whose hole will need tight security now ?

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:Compulsory jail joke by e40 · · Score: 2, Informative

      Too late, he already served the time.... if you had actually read the article you'd know this!

    2. Re:Compulsory jail joke by BrynM · · Score: 2, Funny

      So did he secure his hole or did he publicly announce an open port and a vulnerability to the end users? ba-dum-ba....

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    3. Re:Compulsory jail joke by gnovos · · Score: 5, Insightful

      Federal prosecutors in California went too far when they put a man in prison for disclosing a website security hole

      Guess whose hole will need tight security now ?


      Ha ha, prison rape is funny! I'm so glad this country is civilized enough that we can not only condone it, but we can laugh at his humiliation!

      Ha ha!

      Man, I can't wait until society evolves to the point where we can laugh at normal rapes too, especially violent gang rape and child molestation. Ha ha, you got raped at gunpoint while walking to you car, maybe you have AIDS now! Ha ha, your uncle made you stick his little friend in your mouth when you were five, hopefully you are scared for life!

      --
      "Your superior intellect is no match for our puny weapons!"
    4. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      Yep, it's a soap opera.

    5. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      Bad memories?

    6. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      I know, IHBT, IHL, HAND. So don't point it out.

      Parent: shut the hell up. George Carlin has proven that rape can be funny. Porky Pig raping Elmer Fudd. There is no subject that cannot be turned into a joke, and usually a pretty funny one. The sooner you realize that fact, the happier you be.

    7. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      WTF was this modded down as a troll??? The fact that it is worries me just a lil bit.

      Guess there are moderators out there that would like to see prison rape on primetime or something. Sick.

      Parent has it absolutely right.

    8. Re:Compulsory jail joke by Anonymous Coward · · Score: 1, Insightful

      That is not a troll. It is true. Why is it OK to make jokes about something like prison rape? It pisses me off, this double standard, if a woman is raped in a parking garage it is this horrible thing but if a man is raped in prison then it is a joke for us all to laugh about. Fucking hypocrites.

    9. Re:Compulsory jail joke by CausticWindow · · Score: 3, Insightful

      Prison rape jokes on Slashdot, or in the pub, is perfectly acceptable, and maybe even funny...

      What's not funny, is that prison rape jokes are considered great material for prime time family entertainment in the US. That's not only disgusting, but fucking scary.

      --
      How small a thought it takes to fill a whole life
    10. Re:Compulsory jail joke by Anonymous Coward · · Score: 0
      Maybe this little clue will help.

      Man in prison = criminal, deserving of punishment.

      Woman in parking garage = innocent, undeserving of punishment.

      As for "how much punishment is enough", well, that's for the courts and the burly prison men to decide.

    11. Re:Compulsory jail joke by Anonymous Coward · · Score: 2, Insightful

      Yah, but this is America we're talking about! 100% of all our prisoners are guilty, and 100% of those crimes were committed against the laws of God - like those people smoking and eating plants created by Satan. Torture in forign jails such as those in China is bad because their government is evil and jails good people. Turture in our jails is funny because we know that all our prisoners are evil and deserving of torture.

    12. Re:Compulsory jail joke by Anonymous Coward · · Score: 2, Insightful

      Rape is an acceptable form of punishment? WTF is wrong with you?

    13. Re:Compulsory jail joke by BlueEar · · Score: 4, Insightful

      Yes, I have to agree with CausticWindow. Somehow the culture evolved so that a man getting raped or having his teeth smashed out to give another prisoner a blow job, is funny. Naturally, nobody would even dare to suggest that if the same happened to a woman that would be funny. But then again, one of the main sources of jokes on TV are men getting punched or kicked in the groin. Again, if a woman was ... you get the picture. So before making another joke like that think how it would sound if you replaced "man" by "woman" and then by "human being" ...

      --
      A religious war is an adult version of a fight over who has the best imaginary friend
    14. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      Think about it. Would you want that to happen to you. You're an idiot. You're making fun of someone getting RAPED. Forced sodomy in jail is not a joke, and it's not acceptable.

    15. Re:Compulsory jail joke by gnovos · · Score: 2, Insightful

      Maybe this little clue will help.
      Man in prison = criminal, deserving of punishment.


      And if the man gets his conviction turned over on appeal, then it's no longer funny if he's raped in prison? Or if the woman secretly got away with stealing from the office or whatever then her rape is now riotously funny?

      --
      "Your superior intellect is no match for our puny weapons!"
    16. Re:Compulsory jail joke by goodhell · · Score: 1

      Well there was a study that showed that 1 in 37 adults in the US did serve prison time.

      http://www.cnn.com/2003/US/Northeast/08/17/priso n. stats.ap/index.html

    17. Re:Compulsory jail joke by Cyno · · Score: 5, Insightful

      I think we can agree that all forms of rape are humorous, along with all forms of punishment, abuse, torture, etc. In fact people are simply funny, the way they run around their whole lives, slowly dying, pretending its not funny. But it really is.

    18. Re:Compulsory jail joke by gritz · · Score: 0

      hey stupid. rape isn't funny. http://www.spr.org/ read a few of the stories of what happens to those poor souls.

    19. Re:Compulsory jail joke by Have+Blue · · Score: 2, Insightful

      I can't wait until society evolves to the point where it's not possible to communicate anything to anyone due to the remote possibility of offending someone somewhere somehow. Actually, I think I *can* wait.

    20. Re:Compulsory jail joke by krypt0s · · Score: 1

      Ha ha, prison rape is funny! ...Man, I can't wait until society evolves to the point where we can laugh at normal rapes too...

      I think the distinction people tend to draw here is that misfortune visited upon "bad people" is typically viewed as not necessarily deserved, but at least not tragic. "Normal" rapes (and the other events you so enthusiastically described) are, without question, tragic. It's apparently acceptable to make fun of non-tragic misfortune, but don't hold your breath waiting for tragic misfortune to suddenly become funny.

      --
      This is not the sig you're looking for.
    21. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      Pun not intended, I hope.

    22. Re:Compulsory jail joke by wideBlueSkies · · Score: 1

      >>Ha ha, prison rape is funny! I'm so glad this country is civilized enough that we can not only condone it, but we can laugh at his humiliation!

      Actually, when a violent offender goes to jail, this is one of the things that I hope happens. IMO, it's cool to think about wife beaters, child molesters, rapists and murderers being humiliated and physically harmed. Repeatedly.

      wbs.

      --
      Huh?
    23. Re:Compulsory jail joke by bigsteve@dstc · · Score: 3, Insightful
      As for "how much punishment is enough", well, that's for the courts and the burly prison men to decide.

      Understand your effing Constitution! Jail inmates have no legal role in deciding how much punishment their fellow prisoners get. Jail rape and other jail abuse (up to and including murder!) is plain evil. It is patently illegal, unjust and should be stamped out. Anyone who thinks otherwise has obviously not thought through the issues.

      If you really think jail rape is a just punishment, lobby your Congressman to pass a law which allows a Judge to impose it as a sentence. And you'll probably need to get your Constitution (which outlaws "cruel and unusual punishment") ammended too ...

    24. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      Whoever modded this insightful is going to get meta-modded to hell hopefully.

    25. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      And the Tornado folks doubtless agree that McDanel was similarly deserving of that fate. It's not actually their place to judge, but it's a nice bonus, isn't it?

      Of course in a fair world, bad folks would all die with dramatic irony in a Hollywood ending (or so Hollywood has taught me). I'm not sure if it's actually cool to think about burly men being anally raped, but perhaps we've seen different movies.

    26. Re:Compulsory jail joke by sTavvy · · Score: 1

      he's going to a "federal pounding in the ass prison"

    27. Re:Compulsory jail joke by yo5oy · · Score: 2, Interesting

      getting punched or kicked in the groin is funny because it works on so many levels. heck, Homer thinks it is funny. i don't really know why pain has become funny to so many people. people watch those amerika'sfunniest home videos, eXtreme crashes, or NASCAR to be entertained by the hoped for electrocution, impalement, or explosion. sometimes the entertainment becomes a reflection of how fouled and stilted the society is today. Mods: yes, please mod this down to flame bait or troll.

      --
      a slut did tulsa
    28. Re:Compulsory jail joke by kotj.mf · · Score: 3, Interesting
      What about nonviolent peace protesters or drug offenders? It sure as hell isn't the badass muthas who get to be the bitch. Read the obit above, if you think you've got the stomach. I know people who knew the guy, and he was no fucking punch line.

      If you've got a younger brother or cousin or son who ever happens to spend time locked up, I'm sure you'll laugh your ass off when he gets brutalized.

      Really, would you chuckle at the thought of, say, Susan Smith being gang raped?

      Sorry for the disjointedness... longest post ever from my Zaurus...

      --
      hang brain.
    29. Re:Compulsory jail joke by Spoticus · · Score: 1

      Geore Carlin called it The Pussification of the American Male.

    30. Re:Compulsory jail joke by 110010001000 · · Score: 1

      What about ... or drug offenders

      Yes, thats OK.

      Really, would you chuckle at the thought of, say, Susan Smith being gang raped?

      Yes, thats OK too.

      Oh yeah, peace protesters don't go to that type of jail, BTW.

    31. Re:Compulsory jail joke by websaber · · Score: 1

      Come on, you don't get first post if you read the article.

      --
      "A good friend will bail you out of jail. A true friend will be sitting next to you saying, 'damn....that was fun!'"
    32. Re:Compulsory jail joke by kotj.mf · · Score: 1

      What, is there a special Rape Jail they haven't told anybody about? If you'd had bothered to read my link, you might have noticed that Donny was, in fact a peace protester, and did, in fact, get raped. In jail. Not prison.

      --
      hang brain.
    33. Re:Compulsory jail joke by enomar · · Score: 3, Insightful

      So it's wrong to draw the line at making fun of rape victims?

      I agree that almost everything has become politically incorrect, but that doesn't lessen the vulgarity of rape jokes.

      --

      :wq
    34. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      At least you won't have to deal with rape...riding that high horse and all.

    35. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      it's not called Rape in jail, it's called 'Supprise Sex'

    36. Re:Compulsory jail joke by Profe55or+Booty · · Score: 1

      you know it was a joke, right? jokes don't always have to be 100% accurate. much like how the slashdot moderation system is not 100% accurate (in reference to your post being moderated as "informative")

      --
      sig - .
    37. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      The problem with prisons is that the internally imposed hierarchy means that the least deserving (the least violent, least manipulative people, possibly innocent ones) are on the receiving end of abuse and the worst prisoners are those who perpetrate it.

      For every violent criminal who has hurt someone I know personally, I really wish the worst possible things happen to them, but I still think prison rape is something that should be cracked down on, and hard, and that people who consider it an acceptable thing are fucked up.

      The world is a really unfair place, and a lot of people get away with nasty things, but I'd rather that society err on the side of risking letting some nasty people go unpunished than make undeserving people suffer more than they already do in this crappy world.

    38. Re:Compulsory jail joke by jd_esguerra · · Score: 1

      Dealing with a troubling topic often begins with humor. It's a mental/emotional mechanism for dealing with stress. At least now, through the mechanics of comedy, I know what to expect when I go to jail for not paying SCO.

    39. Re:Compulsory jail joke by Hektor_Troy · · Score: 1
      George Carlin said it best in his Parental Advisory show:
      Ohhh, some people don't like you to talk like that. Ohh, some people like to shut you up for saying those things. You know that. Lots of people. Lots of groups in this country want to tell you how to talk. Tell you what you can't talk about. Well, sometimes they'll say, well you can talk about something but you can't joke about it. Say you can't joke about something because it's not funny. Comedians run into that shit all the time. Like rape. They'll say, "you can't joke about rape. Rape's not funny." I say, "fuck you, I think it's hilarious. How do you like that?" I can prove to you that rape is funny. Picture Porky Pig raping Elmer Fudd. See, hey why do you think they call him "Porky," eh? I know what you're going to say. "Elmer was asking for it. Elmer was coming on to Porky. Porky couldn't help himself, he got a hard- on, he got horney, he lost control, he went out of his mind." A lot of men talk like that. A lot of men think that way. They think it's the woman's fault. They like to blame the rape on the woman. Say, "she had it coming, she was wearing a short skirt." These guys think women ought to go to prison for being cock teasers. Don't seem fair to me. Don't seem right, but you can joke about it. I believe you can joke about anything. It all depends on how you construct the joke. What the exaggeration is. What the exaggeration is. Because every joke needs one exaggeration. Every joke needs one thing to be way out of proportion. Give you an example. Did you ever see a news story like this in the paper? Every now and then you run into a story, says, "some guy broke into a house, stole a lot of things, and while he was in there, he raped an 81 year old woman." And I'm thinking to myself, "WHY??? What the fuck kind of a social life does this guy have?" I want to say, "why did you do that?" "Well she was coming on to me. We were dancing and I got horney. Hey, she was asking for it, she had on a tight bathrobe." I'll say, "Jesus Christ, be a little fucking selective next time will you?"
      What do you want? Freedom of Speech or Accetable Speech? You can't have both. Once you start to outlaw one kind of speech, then you got the ball rolling.
      --
      We do not live in the 21st century. We live in the 20 second century.
    40. Re:Compulsory jail joke by darkpixel2k · · Score: 1

      Agreed.
      And didn't Robert Heinlen say something to the effect of "humans laugh when the pain is too great" in his book "Stranger in a Strange Land"?

      Think about a few of the jokes you've heard lately. Isn't the punchline about someone getting insulted, or injured?

      We laugh to relieve (the stress?) of something so horrible.

      I am an Emergency Medical Technician. A few years ago I went on a call where an older man had died of respitory failure in front of his friends and family.
      We worked on the guy for a while and tried to get him back, but he didn't make it.
      I had to tell the friends and family.
      I felt horrible--and when we got back to our station I just wanted to crawl into a hole in the wall and die.
      It was at that point that my partner said "Hey--did you check out the boots that guy had on? You know--I could really use a pair of boots like them. I wonder if the family would let me have 'em..."

      I'm sure to a lot of you, you'll find that pretty f*cked up. It's 'gallows humor'. But I couldn't help but bust up laughing.

      I felt much better.

      I'm not saying it's right--but the laughter helps get through some horrible stuff--even prison rape jokes.

      --
      There's no place like ::1 (I've completed my transition to IPv6)
    41. Re:Compulsory jail joke by RAEJlN_HARDONNE · · Score: 1

      knock off the patronizing bullshit. there is a difference between laughing at something and condoning it.

      when "the dude" gets a coffee mug thrown at him by a cop in "the big lebowski" it's funny. does that somehow condone police brutality? of course not.

    42. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      Think about it. Would you want that to happen to you. You're an idiot. You're making fun of someone getting RAPED. Forced sodomy in jail is not a joke, and it's not acceptable.

      When a person commits a crime they in effect decide to "rape" someone in society. Remember, an eye for an eye and all that...

    43. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      "Tragedy is when I cut my finger. Comedy is when you fall into an open sewer and die." -- Mel Brooks. :) :) :)

    44. Re:Compulsory jail joke by rEWDBOi · · Score: 1

      "Actually, when a violent offender goes to jail, this is one of the things that I hope happens."
      Oh yeah, but who do you think is gonna do the raping? Probably the guys going to jail for rape in the first place. So they're probably getting rewarded for their crime in a twisted way (I'm aware of the fact that there's a couple more downsides to being in jail).
      And if there's such a thing as re-integration after you get out of jail, having a year-long history of being raped or raping somebody else probably doesn't help either.
      Then again, it's all about eye-for-an-eye (or butthole) in the US, I guess.

    45. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      prison rape is funny (shouldn't have been dumb enough to do what landed them in jail in the first place) other forms of rape, child molestestation, abuse and all the rest simply isn't funny. in no manner of speaking, because the people in those situations don't have a choice. I know, I was sexually abused as a child and yes it does fuck you up for life through no fault of your own. How is that funny exactly? If I had done something wrong to put me in that situation then yes I agree it would be funny, the simple fact is .. I didn't - so it's not funny.

    46. Re:Compulsory jail joke by wideBlueSkies · · Score: 1

      >>Really, would you chuckle at the thought of, say, Susan Smith being gang raped?

      Knowing that she killed her 2 innocent babies, I'd turn a blind eye to anything that happened to her.

      --
      Huh?
    47. Re:Compulsory jail joke by enomar · · Score: 1

      Who said anything about outlawing anything? I just said it's bad taste to joke about rape. Freedom of speech is a two-way street. The original poster has the right to joke about prison rape, and I have the right to call him an insensitive clod. No one is going to jail here. This is not about freedom of speech.

      --

      :wq
    48. Re:Compulsory jail joke by wideBlueSkies · · Score: 1

      >>Then again, it's all about eye-for-an-eye (or butthole) in the US, I guess.

      When someone you know is murdered, you may see things differently than you do now.

      wbs.

      --
      Huh?
    49. Re:Compulsory jail joke by Abm0raz · · Score: 1

      "Rape can be funny. I can prove to you that rape is funny. Picture Porky Pig raping Elmer
      Fudd. See hey, why do you think they call him Porky?" (George Carlin)


      offensive: Causing anger, displeasure, resentment, or affront

      No action is offensive in and of itself. One can only choose to take offense at that action. If the action itself was offensive, then all that experience it would be offended. I personally find child porn offensive. It offends me, but there are sick fscks out there that like it, so by definition, it does not cause them displeasure, resentment, or affront and therefore the act itself is not offensive.

      Disclaimer: this is *NOT* a promotion for rape or child porn, just examples of the mis-use of actions and words by intolerant people who think they know what best for me (collective) than I (collective) do. Shut up and worry about your own life and let me worry about mine.

      -Ab.

      --
      Nothing fails quite like prayer.
    50. Re:Compulsory jail joke by Anonymous Coward · · Score: 0
      Everyone wants to look like a hero. Nobody wants to impress a prison b*tch, not even the ladies. The guy is a loser in jail and too small weak and shrimpy to defend himself. He has nothing going for him. The men ( other than the rapist ) don't want anything to do with him either.

      But acting all indignant about what happened in the parking garage to the woman who got raped, why that makes you look all sensitive to the ladies. And the ladies can identify her. Anyone could need to park in a parking garage, but it's easy to make jailbirds out to be less than human even though many are in jail for breaking unjust laws and many are wrongly convicted. And many are in jail for much less serious crimes than rape and don't deserve that kind of treatment.

    51. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      Well you must have misbehaved once or twice as a child. Didn't do what you were told. Then I guess your molestation is funny now, cause if you weren't perfect then everything done wrong to you is now hilarious!

      What perceptive reasoning.

    52. Re:Compulsory jail joke by corbettw · · Score: 1

      "Ha ha, prison rape is funny! I'm so glad this country is civilized enough that we can not only condone it, but we can laugh at his humiliation!"

      When people laugh at prison rape, they're not laughing at the act of rape itself. They're laughing at the weak little girly men people assume it happens to. One of the reasons the rape scenes in "American History X", "An Innocent Man", and "The Shawshank Redemption" were troubling were that Edward Norton, Tom Selleck, and Tim Robbins aren't usually considered weak and girlish (well, maybe Norton in some of his roles, but not in that one). Compare that with the guys in "Office Space", who were just screaming to be used like the women they are.

      I think if more people understood what rape really is, you'd see less of this kind of joking. It's violence and hateful, but most people can't get past the sex element of it.

      --
      God invented whiskey so the Irish would not rule the world.
    53. Re:Compulsory jail joke by hesiod · · Score: 1

      > there is a difference between laughing at something and condoning it.

      Mod parent up, very well stated.

    54. Re:Compulsory jail joke by Prior+Restraint · · Score: 1

      When someone you know is murdered, you may see things differently than you do now.

      For all you know, someone rEWDBOi knows was murdered and s/he still feels this way. Some people have these things called "principles" which they stand by, even when it becomes inconvenient to do so.

      Oh, and appeals to emotion are considered bad form in arguments. That's why "Won't somebody think of the children?!" is a recurring joke on The Simpsons.

    55. Re:Compulsory jail joke by CharlesClarkson · · Score: 1

      I find humor in almost every human endeavor including rape. That does not mean I have no compassion for victims of this crimes. Whether the victim of a rape is male or female, a rape is horrible. It is said to be worse than death to its victims. Prison rape seems worse because its environment is more controlled than free environments.

      A joke is often more about delivery than about substance. I am often laughing at something or some wording which is unaffected by the subject. Look at racial humor. It often can be translated into non-racial humor and be just as effective.

      Jokes, especially those on late night US TV, tell a lot about current issues and current concerns. It would be nice to live in a time when a joke about prison rape is not only not funny, but is not relevant or understood.

      If you really want to end the humor of prison rape jokes help end the chance of prison rape. Only when this crime stops will the jokes about it stop seeming humorus.

      --

      Charles K. Clarkson
      Many people truly want to help. Unfortunately, many people truly suck at it.
    56. Re:Compulsory jail joke by Anonymous Coward · · Score: 0

      well shit, if you are going to go back to "an eye for an eye" i hope you are not wearing clothing made from 2 different fabrics or it's time to die.

  2. Gee, thats swell by gizmoiscariot · · Score: 5, Insightful

    Makes you not want to even bother saying anything. Wait till the rest of the world decides that and you have security holes everywhere.

    Of course, can you have holes within holes?

    --
    Gizmo
    1. Re:Gee, thats swell by Mr.+Bad+Example · · Score: 1

      Of course, can you have holes within holes?

      Of course! You just can't have a bag of holding in one.

    2. Re:Gee, thats swell by Gherald · · Score: 1

      > Of course, can you have holes within holes?

      No you cannot because a hole is by definition something there is nothing in.

    3. Re:Gee, thats swell by nocomment · · Score: 0

      This man is an idiot!!! He needs to be in prison.

      The article says "By explaining how the vulnerability worked, and why customer data was at risk, prosecutors asserted, the security specialist "impaired the integrity" of the affected network. It is now up to a federal appellate court to determine whether this interpretation of the law is to stand. If it does, it could mean a dramatic decline in postings to Bugtraq, CERT, or other public fora. "

      Which is complete crap because nobody who submits bugs to them is going to send out 5600 emails to a companies subscribers. That is ridiculous. What would /. do if all of a sudden it's entire subscriber base was spammed for 3 days with messages conataining info on how to gain root through slashcode? This is garbage.

      --
      /* oops I accidentally made a comment, sorry */
      /* http://allyourbasearebelongto.us */
    4. Re:Gee, thats swell by WTFmonkey · · Score: 4, Interesting

      Thirty spokes share the wheel's hub,
      But it is the center hole that makes is useful.
      Shape clay into a vessel, it is the space within that makes it useful.
      Cut doors and windows for a house, it is the emptiness that makes them useful.
      Therefore, profit comes from what is there,
      usefulness from what is not there.

      ~Lau Tsu, Tao te Ching

    5. Re:Gee, thats swell by Gherald · · Score: 2, Funny

      Thats a gross generalization... who does this Lau guy think he is, some kind of philosopher? ;-)

    6. Re:Gee, thats swell by visgoth · · Score: 1

      So, basically what this Lau guy's saying is:

      1. Cut hole in object
      2. ???
      3. Profit!

      --
      My patience is infinite, my time is not.
    7. Re:Gee, thats swell by Geek+of+Tech · · Score: 3, Insightful
      They neglected to fix the problem. Instead of posting to CERT or Bugtraq, where it would most likely be seen only by people who had no association with his old company, he told people who were affected by the problem. The true idiots are the people who neglected the problem.

      And this is different than telling how people could gain access as root through slashcode. This would be more comprable to Slashdot advertising secure posting and moderation and then neglecting to fix a bug that would let people easily log on as someone else and post to their journal.

      --
      Stop the Slashdot effect! Don't read the articles!
    8. Re:Gee, thats swell by Geek+of+Tech · · Score: 1
      Didn't tornado violate the "Computer Fraud and Abuse Act". Since they deleted the emails that "that guy" sent to the customers didn't they "intentionally cause any impairment to the integrity or availability of data, a program, a system, or information without authorization"? Reading or destroying email that isn't yours is against the law isn't it?

      --
      Stop the Slashdot effect! Don't read the articles!
  3. I've figured this sort of thing would happen by phaetonic · · Score: 4, Interesting

    When doing wireless security assessments, I've noticed neighbooring companies with unencrypted WEP access points, but I don't bother telling them because of this sort of thing.

    1. Re:I've figured this sort of thing would happen by TexVex · · Score: 1

      Read it again, slowly this time.

      --
      Fun with Anagarams! LADS HOST, SHALT DOS. HAS DOLTS. AD SLOTHS, HATS SOLD. ASS HO, LTD.
    2. Re:I've figured this sort of thing would happen by The+Kiloman · · Score: 5, Interesting

      Would you like to explain how someone manages to have Unencrypted WEP? That's kind of like saying that they have some dry water.

      WEP is encryption. I think you meant to say they had unencrypted networks, or networks without WEP.

      Why do I get the feeling that your 'security audits' involve looking for an open connection with which to connect to Kazaa?

      --
      You may disagree, but to be blunt, you're wrong. -tgd
    3. Re:I've figured this sort of thing would happen by ouzel · · Score: 1

      By "wireless security assessments," he probably means "wardiving in my neighborhood" :-)

    4. Re:I've figured this sort of thing would happen by Anonymous Coward · · Score: 0

      You are probably right; he meant to say networks without a WEP key.

    5. Re:I've figured this sort of thing would happen by jc42 · · Score: 4, Informative

      Yeah; it's not a good idea to tell people that they have weak security. For a really good example, ask google about "Randal Schwarz". His story is going onto a decade now, and still isn't over.

      Basically, he had done a lot of consulting work for Intel, and they gave him permanent free accounts on some machines to use as he wished when not on a contract. He saw a new company doc about how to deal with poor passwords. So he thought he'd help them out by nabbing a few password crackers off the Net and applying them to nearby machines. He found that some company VPs had easily-guessed passwords. While he was writing up a report, the sheriff showed up at his door with an arrest warrant. He is now a conviced felon.

      Reading between the lines, it seems pretty clear that the people in the legal system think this is ridiculous, and it's really Intel who should be convicted and punished. But there seems to be little that can be done about it. As the judges read the laws, following the company's published guidelines and testing security is a felony, no matter how stupid that sounds. Telling people in the company that their VPs are violating the company's own security rules is also a crime.

      So if you find problems, the best practice is to keep quiet about it.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    6. Re:I've figured this sort of thing would happen by The+Kiloman · · Score: 2, Insightful

      No shit.

      BTW, the moderation on this post is amazing. Interesting?!?! Insighftull?!?! He can't fucking spell, and it's obvious he doesn't know what he's talking about. But all hail the script kiddie that's ready with a glib comment! Mod him up!

      *grumbles* where are my metamod points when I need them...

      --
      You may disagree, but to be blunt, you're wrong. -tgd
    7. Re:I've figured this sort of thing would happen by Cramer · · Score: 2, Funny

      How about "unsecured WEP"? I know of several WEP-active APs that will gladly hand out the WEP keys (at least to the windows wireless configuration crap) It might be the stupidest damn thing in the world, but it's true.

    8. Re:I've figured this sort of thing would happen by OpMindFck · · Score: 4, Insightful

      Where in this did he contact Intel about his intentions? From what you write here it sounds like their internal security team noticed his trespass and reported it to the correct authorities.
      Running password crackers on a company network without written authorization is Criminally stupid.

      --
      Sipping on Jolt and Dew. Laid back. With my mind of my cubicle and my cubicle on my mind.
    9. Re:I've figured this sort of thing would happen by LostCluster · · Score: 1

      Forget about that old saying about it's easier to beg for forgiveness later than to ask before doing something. He straight up broke the law here by overreaching his authority... when you're not sure you have the authority to do something, ask first.

    10. Re:I've figured this sort of thing would happen by legLess · · Score: 5, Informative
      Not to pull a wet blanket over your martyr story (and not to slam Randal, 'cause I don't want to get punched at the next Perl Mongers meeting), but you're leaving out some important details:
      • Intel caught him and told him to stop. He continued.
      • He actually used some of the passwords to login, although he didn't change or grab any data.
      • None of this was directy related to performance of his duties as a contractor.
      I think Intel was merciful the first time, cause they could have nailed him then. The end result is awfully harsh and all out-of-proportion to the harm caused, however he was by his own admission doing something illegal that he'd been warned not to do.

      This case is similar. Yes, the prison sentence is crazy for the crime, however what this guy did was stupid. He was clearly going after the reputation of his former employer: if he'd been motivated only by the good of the customer, he would have sent the email while on the job. Also, he could have just warned folks without publishing exploit details.

      This is a problem many geeks have -- getting nailed for doing something technically correct but socially unnacceptable. Most of the rules that run the world aren't written down and never will be. You can be technically correct and still wrong wrong wrong.
      --
      This isn't as much "normalization" as it is "don't take so many drugs when you're designing tables."
    11. Re:I've figured this sort of thing would happen by SeanAhern · · Score: 1

      ask google about "Randal Schwarz".

      You got the spelling of his name slightly wrong. It's "Randal Schwartz", and you can find his website here.

    12. Re:I've figured this sort of thing would happen by Catbeller · · Score: 1

      Since when do you need "authority" in order to speak? No theater was on fire. The man had a right to speak to the customers.

      What law did he break? If you read the articles, he didn't break any laws. The Justice Department created a new interpretation of antihacking laws by convincing a judge that just talking about a security hole is the same as breaking into a system.

      We are now all eligible for prison if we point out a company has not secured its systems. Just indicating the flaw is a Federal offense! Because the company was inconvenienced!

    13. Re:I've figured this sort of thing would happen by RealityMogul · · Score: 1

      I've reported instances of valid online banking login information available on Kazaa. I've reported them to both the bank and the user. Of course, this is done from a hotmail account setup with bogus information to begin with. But the bank wrote back and was thankful. Of course that was a UK bank and I am in the US so make what you will of that.

    14. Re:I've figured this sort of thing would happen by Geek+of+Tech · · Score: 1
      If he'd been motivated only by the good of the customer, he would have sent the email while on the job.

      No, I think the article said that six months after he got another job he realized that the hole was still there. He did it after he had given them ample time.

      Also, he could have just warned folks without publishing exploit details.

      I gotta agree with you on this detail. It would have done a great deal for his case.

      --
      Stop the Slashdot effect! Don't read the articles!
    15. Re:I've figured this sort of thing would happen by ctk76 · · Score: 1

      If someone happens to find an architectural design flaw that kinda leads you directly to the oval office from the outside of the whitehouse, and that person publishes the data on the net, is he guilty? That's the approach they seem to be taking with software too right now. You can't make the software absolutely perfectly secure, so if you find flaws, keep confidential and report only to the effected parties.

    16. Re:I've figured this sort of thing would happen by BancBoy · · Score: 1

      I will assume it was a typo and he meant WAP (Wireless Access Point)... Figured I would give him the benefit of the doubt.

      --
      [UID-HeinzIntel]
    17. Re:I've figured this sort of thing would happen by Monkelectric · · Score: 1
      People always want to kill the messenger ...

      I remember once when I was in high school a long time ago, this van was parked behind a building. I noticed one of the vans rims was held on by only two nuts! I get into the building, and it turns out that I know the guy who the van belongs to. Long story short, I tell him about it, and this is why I remember it to this day -- he gave me a look of just absolute disgust and disdain and said, "so?"

      He died 3 weeks later on a dangerous strech of road called the "cajon pass".

      Actually, I made that last part up, his assmonkeyage continued for many years. But the actual point of the story is that to some people, ignorance is not only bliss, but, they are hostile to the messenger.

      --

      Religion is a gateway psychosis. -- Dave Foley

    18. Re:I've figured this sort of thing would happen by The+Kiloman · · Score: 1

      That's somewhat plauseable, but it doesn't make much sense...

      neighbooring(sic) companies with unencrypted WAP access points.

      That puts him right up there with people that say NIC Card and ATM Machine.

      --
      You may disagree, but to be blunt, you're wrong. -tgd
    19. Re:I've figured this sort of thing would happen by Anonymous Coward · · Score: 0

      "So if you find problems, the best practice is to keep quiet about it [! c.f. schwarz]"

      Or to thoroughly abuse the security hole. Let the "security through litigation" comapnies suck on that when the strings of a virus is carrying news of their incompetance.

  4. Hmmmm by mao+che+minh · · Score: 5, Insightful
    That's a pretty tough one. The guy made it public knowledge that there was a flaw in the Tornado system (sending emails to all of the employees and even making a webpage that detailed the flaw), and even demonstrated how to exploit the flaw (on said web page). Normally demonstrating flaws and exploits shouldn't be an issue - but this guy showed an actively vulnerable target to the world and told them how they could crack it. That wasn't a very bright thing to do.

    He reported it to management, like he should have. He should have left it alone there.

    1. Re:Hmmmm by mrcparker · · Score: 2, Interesting

      From the article:

      He could have explained to the customers that their information was at risk, without revealing quite so much detail. But according to the government's theory of liability, this would not have prevented his prosecution. Moreover, as is frequently the case with security vulnerabilities, this likely would have prompted a quick denial by Tornado that any such bug existed -- and they may or may not have fixed them.


      It looks like just saying that there was a flaw would have gotten the guy thrown into jail.

    2. Re:Hmmmm by Anonymous Coward · · Score: 0

      IANAL, but couldn't he have sued them for false advertising since they explicitly sold their service as 'secure', but then ignored a known security vulnerability.

      In my experience, financial reprecussions are the only things that spur corporations to take action.

    3. Re:Hmmmm by wytcld · · Score: 4, Interesting

      There's a question of whose data was at risk. In this case, it was the customers who had data at risk. His notifying them was proper to the cause of enabling those with possibly sensitive data to protect it. To repeat: It was not the data of the e-mail provider that was at risk, it was instead data belonging to the customers, and the provider which was putting that data at risk.

      Define the "system" for purposes of interpreting the law in virtual terms, as a data-space. Consider that primary rights in that space belong to whoever leases it. If you break into a business office, the breakin is against the occupant of that office, not the landlord. And if you discover that the landlord has left the master key to the building's offices where thieves can make copies, your moral responsibility is to the tenants, to warn them the locks are insecure, rather than to the landlord, to help cover up the collusion with thieves.

      --
      "with their freedom lost all virtue lose" - Milton
    4. Re:Hmmmm by Anonymous Coward · · Score: 0

      don't talk to George Micheal in the john, that's insightful.

    5. Re:Hmmmm by AirRock · · Score: 0

      Sometimes doing the right thing isn't doing the right thing.

    6. Re:Hmmmm by u19925 · · Score: 2, Insightful

      So how come, nobody is prosecuting a person who discovered hotmail security flaw? that was the easiest to exploit and he showed it to everyone about how to exploit it(see this story). just go to hotmail website using the link information provided and you will be able to reset anyone's password that you wanted to and get a new password delivered to whatever email you wanted to. what is more, the inventor falls in classic "terrorist" profile of FBI/CIA: a muslim male in 16-45 years range from Pakistan.

    7. Re:Hmmmm by GypC · · Score: 1

      It's more like discovering that all the locks can be bypassed with a credit card and then telling all the tenants how to do it. A lot could be stolen before everyone got their stuff out. Probably not, but it presents the opportunity. He should have given the company a chance to clean up their mess before revealing the exploit.

      But, I don't think he should go to prison. His intentions were to embarrass the company into fixing the hole; not entirely honorable, and there are much better ways to go about it, but that's not felonious intent. There is also the issue of the company's shared liability by their neglect to secure their customers' data, knowing that an exploit was possible.

      He should be fined for being an asshole.

    8. Re:Hmmmm by Anonymous Coward · · Score: 2, Insightful

      You are mistaken. Tornado knew about this problem and had a fix written AND tested for 8 months. They never implemented the fix. He had 3 choices of what to do. Nothing and hope that no one else looked for this type of vunerability (but someone HAD already written a paper on this problem), tell the world (but then the problem doesnt get fixed but bad guys know where to go), tell the people that were affected and try to get the company to fix the problem.

      He did not tell the world as you said. And even if he had should telling of the existance of an insecure item (this company sold their software to other companies so it wasnt just them that were vunerable) be a felony?

  5. Then don't tell by Anonymous Coward · · Score: 0


    Just exploit it, maybe when buisness has lost millions (see msblast/slammer) that they will seek action to force people to disclose exploits

    sometimes you have to hit corporations where it hurts (their bottom line) in order for them to play ball

  6. it's wrong by Tomji · · Score: 2, Interesting

    but he did kinda take extreme measures. But they did even worse by deleting the mails

    1. Re:it's wrong by Aadain2001 · · Score: 3, Informative

      I don't think he took extreme measures at all. IMHO he took the next logical step. He showed it to his boss. They did nothing. Since he was no longer in a position of influence at the company (like he ever was before) he talked to the next logical group of people: the people directly effected by this. If he had posted this to /. or had sent it out to the underground hacker rings he would have definatly gone too far. But he only informed those most at risk for the company's screwup: the customers. The company is lucky he didn't report it to any big bug tracking organizations. A lot of people read that, both white and black hat hackers.

      I say that if a company does not actively seek to fix a security hole within a reasonable amount of time, they deserve to be humiliated before their customers like this. The guy was only trying to put the customer first, and not the company's reputation. Hell, the customers could probably sue the company since they knew they weren't secure but kept advertising that they were. Damn marking droids.

      --
      Space for rent, inquire within
    2. Re:it's wrong by Anonymous Coward · · Score: 1, Interesting

      "Hell, the customers could probably sue the company since they knew they weren't secure but kept advertising that they were. Damn marking droids."

      If that were true, M$ would be out of business. Remember "Trustworthy Computing"?

  7. Anonymous security listings then... by TWX · · Score: 5, Interesting

    Well, if it's too dangerous to disclose security holes when they know who you are, do it anonymously on Slashdot. That'll sure get their attention...

    --
    Do not look into laser with remaining eye.
    1. Re:Anonymous security listings then... by ProfessionalCookie · · Score: 1

      I always do...but then I get modded offtopic.

      ARRRRrr

  8. I can see how this could make sense by Mad-cat · · Score: 3, Funny

    Nice network you got there. It'd be a shame if something happened to it. Like a security hole getting exploited, right Vinnie?

  9. USA ... by Anonymous Coward · · Score: 2, Funny

    ... the land of free speech.

    1. Re:USA ... by Anonymous Coward · · Score: 0

      United in Stupidity an Arrogance.

    2. Re:USA ... by Anonymous Coward · · Score: 0

      Fancy that, describing the USA as "the land of free speech" is trolling and flamebait. I guess some moderators do show good sense after all.

    3. Re:USA ... by seraph93 · · Score: 1

      Who the hell do you think you are, anyway, running around and just speaking your mind whenever you feel like it? I suggest you go watch some more television, and take notes this time, because you are dangerously close to forming your own opinions.

      This is America, buddy, the Home of the Brave and the Land of the Free, and we didn't get like this by letting every two-bit chump in the country think for himself! If you're not with us, you're against us! So go spew your free speech Commie hogwash somewhere else, Pinko! Go USA!

      --
      Ph-nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn.
    4. Re:USA ... by Kelz · · Score: 1

      Who the hell do you think you are, anyway, running around and just speaking your mind whenever you feel like it? I suggest you go watch some more television, and take notes this time, because you are dangerously close to forming your own opinions.

      And why not drink some powerade while you're at it?

  10. Scared corparations and governments kill the good. by zoloto · · Score: 5, Insightful

    To put McDanel in jail, the government adopted a rather unique interpretation of the federal computer crime statute.

    The applicable language in the Computer Fraud and Abuse Act make it a crime to "knowingly cause the transmission of information and as a result of such conduct, intentionally cause any impairment to the integrity or availability of data, a program, a system, or information without authorization." Ordinarily, this is used to go after people who distribute worms or viruses, mailbombs and Trojan horses: things that actually shut down or affect the computer system itself


    Isn't this going a little too far. I thought a suggestion box was always welcome, or even a public message board where people could leave suggestions was A Good Thing(TM).

    I may have been wrong. But this isn't right. no sir, it is not.
  11. Apparently by jmors · · Score: 1
    ... this company would have preferred the finder of this secrurity hole to have posted the hole anonymously to the community at large?

    The Matrix is real... but I'm only visiting!

    --
    The Matrix is real... but I'm only visiting!
  12. He whouldn't have e-mailed the customers. by BrynM · · Score: 5, Insightful
    His big mistake was e-mailing the customers. On top of that, he shouldn't have directed users to his own site. True: the company screwed with the customers further by deleting their e-mail, but he should have found a better third party to apply pressure with. Messing with a company's customers is like talking smack about someone's Mom. It will get you into a fight.

    Does anyone have any ideas as to what alternative third parties would be good for this kind of whistle blowing?

    --
    US Democracy:The best person for the job (among These pre-selected choices...)
    1. Re:He whouldn't have e-mailed the customers. by __aagmrb7289 · · Score: 1

      Okay, this is a rah-rah post, and I generally hate those, but excellent, insightful, thank you for rescueing us from the other knee-jerk/don't read the article/don't try to understand what happened comments posted above and below your post.

      So, well, thanks!

    2. Re:He whouldn't have e-mailed the customers. by rossjudson · · Score: 3, Interesting

      Excuse me, but exactly WHY do you think he shouldn't have emailed the customers? We have the right in this country to say whatever the fuck we want, to whoever we want to say it to. And the point of the justice system is exactly that: Justice. It's not supposed to be about who has the most money -- it's supposed to be about who's right.

      This guy didn't do anything wrong. If you're not revealing classified information you can say whatever the hell you want. What we're dealing with is a vicious, stupid, unethical prosecution, if the facts in the security focus article are accurate.

    3. Re:He whouldn't have e-mailed the customers. by Cramer · · Score: 1

      Unless the email-hosting contract specifically grants them the right to read and delete their customer's email(s), then they have commited their own felony. Last time I checked, email was afforded the same privacy and protection as normal post, but one's millage will vary.

      (I recall another ISP digging themselves a firey pit by deleting a message from their users inbox's.)

    4. Re:He whouldn't have e-mailed the customers. by LostCluster · · Score: 4, Insightful

      Because he had no right to be in possession of the customer e-mail list. In e-mailing anything to the customers, he proved that he had illegally taken private company information and held onto it after he left the company. Game over.

    5. Re:He whouldn't have e-mailed the customers. by BrynM · · Score: 1
      "Excuse me, but exactly WHY do you think he shouldn't have emailed the customers?"
      I'll fight the urge to rant - accusing you of only reading the subject of my post and not the post itself. Instead, I'll clarify my post.

      I didn't say that he shouldn't make the exploit public or that he shouldn't use some sort of leverage to make them fix the exploit, but messing with a companies customers will always incur wrath. Whether the company prossecuted him for this or something else, they would have prossecuted him for something or ruined his life in some other way because he messed with the customers.

      A co-worker pointed out that he could have contacted the Department of Homeland Security, since this deals with a part of our nations "electronic infrastructure". I think that would have been a great idea. They would have applied pressure quietly, but effectively and the Fed would have been on his side.

      As to "We have the right in this country to say whatever the fuck we want, to whoever we want to say it to", no we don't. We cannot cause undue panic within the populace (yelling "fire" in a theater), which he bordered on doing by e-mailing the customers. There are even more limits to our "Free Speech", but that's a whole other tirade. I'm simply addressing the need for a better choice of who to blow the whistle to.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    6. Re:He whouldn't have e-mailed the customers. by justsomebody · · Score: 1

      I hope your country is not "that US":)

      US Laws clearly specify that security voulnerabilities should not be discussed with no one but program creator until that matter is solved. There's no free speech just as there ain't free burger at McDonalds.

      You can check for example how RH describes security voulnerabilities. First step is:

      blah, blah, that I'm not resident of United States, blah, blah, prohibited by law, blah, blah

      I AGREE | I DISAGREE


      By the way there is a clear description why this is done so.

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    7. Re:He whouldn't have e-mailed the customers. by ceswiedler · · Score: 1

      As to "We have the right in this country to say whatever the fuck we want, to whoever we want to say it to", no we don't. We cannot cause undue panic within the populace (yelling "fire" in a theater), which he bordered on doing by e-mailing the customers.

      It's only illegal to yell fire in a crowded theatre if there is no fire. Therefore, it would presumably be illegal to send emails about a vulnerability which doesn't exist (thereby inciting unnecessary panic), but protected speech when the vulnerability is actual (or believed to be actual).

    8. Re:He whouldn't have e-mailed the customers. by Anonymous Coward · · Score: 0

      Messing with a company's customers is like talking smack about someone's Mom. It will get you into a fight.

      Your mother write insecure web-mail scripts!

    9. Re:He whouldn't have e-mailed the customers. by BrynM · · Score: 1

      Sorry, but the reactionary poster had my blood boiling and he ended it with a dubious blanket generalization. Even when there is an actual fire, you can't do something like run across town to another theater and yell "fire" there too. There are legal limits to speech in this country that are mostly to protect the public from "undue panic". I don't always agree with them, but they are there. Given that most judges are not very well technologically informed, the company could have easily used the "fire" accusation and probably gotten away with it (look what they actually did get away with!). I'm not saying that he didn't have a right to say anything, I just think he didn't cover his ass very well.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    10. Re:He whouldn't have e-mailed the customers. by WatertonMan · · Score: 1

      I'd love to see the supreme court case that gets created when a magazine like Wired or Newsweek publishes said vulnerabilities as an expose on a company.

    11. Re:He whouldn't have e-mailed the customers. by Anonymous Coward · · Score: 0

      Wired just printed the Slammer worm, which in and of itself is a pretty good expose on SQL Server.

    12. Re:He whouldn't have e-mailed the customers. by OeLeWaPpErKe · · Score: 3, Interesting

      Because this is capitalism.

      He was paid by the company to (amongst other things) find out wether or not the site was secure.

      He was paid to leave it at that.

      He didn't.

      Corporations don't care about you, they don't care about people stealing your data. They DO care about employees telling people bad things about the company ("your data can be stolen when it's with us", I'm sure you understand why they'd want to contain this), and they will use the legal system to prevent it.

      Big surprise. Now change the law or stop whining.

    13. Re:He whouldn't have e-mailed the customers. by Anonymous Coward · · Score: 0

      Even when there is an actual fire, you can't do something like run across town to another theater and yell "fire" there too.

      That would be the equivelent of telling ANOTHER COMPANIES CUSTOMERS the security problem.

      He didn't do that.

    14. Re:He whouldn't have e-mailed the customers. by rossjudson · · Score: 1

      Read the post, and I felt that my particular rant was necessary. Let me get this straight -- you believe that the correct response to having someone point out a flaw in a competitor's product is, say, a year or two of jail time?

      You think it's a good idea to bring the DHS into a computer security matter, one that is entirely pedestrian and civilian in nature?

      You think that every computer and every ISP is part of the nation's infrastructure, and is therefore deserving of federal protection and action?

      as far as "fire in the theatre" goes, blah blah blah; every idiot who is against free speech trots that crap out at the first mention. OF COURSE YOU IDIOT -- WE GET IT. The problem is that this guy didn't yell in a theatre. He pointed out a problem to people who were vulnerable to that problem. He didn't point it out to bad guys who could have attacked.

      Apparently in your world it is a great idea to have corporations going after individuals for stupid, nonsensical reasons. There's a term for it -- barratry. Pushing empty threats through the legal system in an attempt to bury your enemy may occur every day, but that doesn't make it right.

      Here's the thing -- I think that having this guy email the client list is precisely the correct _systemic_ action to take. The clients get notified, and they can make an educated decision on whether they'd like to continue to be a client of the ISP. The federal government and the court system shouldn't be involved. What we have is federal agencies doing the bidding of a corporation that was in the middle of fucking over its customers. And by tampering with their emails, it looks like they're of the correct ethical bent to do it again.

      First they'll have to hire more people like you, though.

    15. Re:He whouldn't have e-mailed the customers. by Catbeller · · Score: 1

      There was no law. The Justice Department created one out of thin air:

      talking about a vulnerability == committing a felonious hack.

      Unbelievable.

    16. Re:He whouldn't have e-mailed the customers. by Geek+of+Tech · · Score: 1
      Why even have a security audit if you don't intend on correcting any problems? Do they really expect a balding man with thick glasses to walk in and tell them that their system could be a model for a perfect infrastructure?

      --
      Stop the Slashdot effect! Don't read the articles!
    17. Re:He whouldn't have e-mailed the customers. by Geek+of+Tech · · Score: 1
      Does that mean that if I talk about how I wish my stock portfolio would go up, I'm guilty of insider trading?

      --
      Stop the Slashdot effect! Don't read the articles!
    18. Re:He whouldn't have e-mailed the customers. by Anonymous Coward · · Score: 0

      This is an interesting analogy...

      If I didn't like a movie and was leaving early and noticed a fire, I could do two things, either just run away without telling anyone, or I could pull the alarm or inform an employee of the theater and then run away.

      In the first case, if there was loss of life and I didn't attempt to inform people of the fire, then I would be prosecuted for manslaughter.

      In the second case, if the employee of the theater failed to act the entire company that employeed that person would be liable for manslaughter and lots of civil fines.

      So, in the event of a fire, I not only am allowed to yell fire in a crowded movie house, I am legally and morally obligated to yell fire. I am actually forced to speak by the law.

      In the second case, he had informed a manager about the fire in the movie house and the manager just kept right on selling tickets to the movies... The man saw that the manager was not going to warn the movie goers about the fire and tried to run down the hallway screaming fire to warn everyone. At that point he was arrested and convicted.

    19. Re:He whouldn't have e-mailed the customers. by BrynM · · Score: 1
      I'm not going to argue with you guys when I agree with you for the most part. Free Speech (the ideology) is great. People should speak their minds. Free Speech (the implementation) is riddled with the flaws of being part of the real world, where politics and laws can bite you in the ass. Exercising Free Speech (the implementation) takes some thought and planning and contacting the customers directly seemed reactionary and born of (understandable) frustration. As a result, he got into a lot of trouble for a misdirected attempt to help.

      As I've mentioned, I agree that he needed to do something. I only question his choice of somethings. Contacting the customers directly should have followed trying to contact some other external organization. In fact, I was hoping for some ideas as to what organizations would be appropriate and/or receptive to such a disclosure. Instead, the post got trolled making me out to be a censor of some sort. Ahhhhhhh /. ...

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    20. Re:He whouldn't have e-mailed the customers. by Anonymous Coward · · Score: 0

      > In e-mailing anything to the customers, he proved that he had illegally taken private company information and held onto it after he left the company.

      No, you're assuming that's what he did. Way too many web sites will cough up e-mail account usernames if given the chance. Even if that wasn't the case, a simple knowledge about the system might have been enough to e-mail every.

      For example, if all e-mail accounts are 8 character alphanumeric, a brute force e-mailing "attack" could occur. Using the e-mail system is legal. So is sending spam, which will at times use a similar technique. He didn't even DoS the e-mail system.

      So, there should be some actual evidence with a majority vote before you start calling him guilty of smuggling out information. Anything else just makes an ass out of you.

    21. Re:He whouldn't have e-mailed the customers. by BrynM · · Score: 1
      First of all, go read this.

      "You think it's a good idea to bring the DHS into a computer security matter, one that is entirely pedestrian and civilian in nature?"

      So far, it's the only suggestion I've heard.

      "You think that every computer and every ISP is part of the nation's infrastructure, and is therefore deserving of federal protection and action?"

      No. The DHS does though. Technically, the internet by design was created to be national infrastructure, so they do have a good argument, or at least one that has a chance of standing up in today's court system.

      "Apparently in your world it is a great idea to have corporations going after individuals for stupid, nonsensical reasons."

      Not just no, but hell no. I don't think he should have gone to jail for this. I DO think he could have avoided it coming to that.

      "I think that having this guy email the client list is precisely the correct _systemic_ action to take."

      And I think he should have found an alternative before doing something that could bring legal action. Even if the case was crap (which I agree it was), mailing the customers directly is playing with fire. The company would have found something to hang him with and I don't think they really cared what it was.

      I actually agree with

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    22. Re:He whouldn't have e-mailed the customers. by vonFinkelstien · · Score: 1

      What ever happened to informing the Press first?

    23. Re:He whouldn't have e-mailed the customers. by pen · · Score: 1
      E-mailing customers was a big mistake, but for a different reason. The article doesn't mention how he got all of the customers' e-mail addresses, but I doubt that they are publicly listed.

      There is no way in heck that it would be legal for him to still possess the list of customers after severing employment, or acquiring that list without the company's consent.

    24. Re:He whouldn't have e-mailed the customers. by Anonymous Coward · · Score: 0

      So, it is just too bad if you were the only one who got out safe, and the only people close, who can help you get the suffering out of the burning theater, are those in the other theater?

    25. Re:He whouldn't have e-mailed the customers. by ttsalo · · Score: 0

      We have the right in this country to say whatever the fuck we want, to whoever we want to say it to.

      Exactly! But that does NOT mean that you can't be punished for it. Only that there can't be censorship limiting your sayings before you say them...

      --
      If the road to hell is paved with good intentions, where does the road paved with evil intentions lead to?
    26. Re:He whouldn't have e-mailed the customers. by Justice8096 · · Score: 1

      Sorry, but we do not have complete freedom of speech in the United States.
      1. You can not do anything that would cause public panic (the yelling "fire" in a crowded theater argument).
      2. You can not make malicious statements with intent to harm another (unless they can be proven to be true).
      3. You can not reveal "secret" information that was obtained while working in the government.
      4. You can not "steal" customers away from your former company if you were in a position to sell them products or services. (This is used against most delivery people or contractors)

    27. Re:He whouldn't have e-mailed the customers. by rossjudson · · Score: 1

      Good for you. You are a kung fu master of the obvious. How exactly do you put #4 in with the first three? You think they belong in the same list? I don't.

      If #4 were true, every time a group of employees breaks away from a large company they'd be thrown in jail. Please go ahead a cite a law. There are pretty limited circumstances, mostly voluntary, under which you can be vulnerable.

    28. Re:He whouldn't have e-mailed the customers. by Justice8096 · · Score: 1

      Laws don't require you to go to jail as a result of being broken. Neither libel or slander are usually jailable. There are no federal laws stopping you. However, check with employees of LCC Communications, approximately seven years ago. There was a rash of lawsuits against former Cellular Engineers. Or the case that Sheppard Baking brought against my brother-in-law, for the same things. As for obvious, I think not. Some people post like they have no real-world experience, and that there is fairness in law or doctrine. And as for employees being brought to court, that happened to a friend of mine who worked in technical support. So, name me counter-examples that aren't legal firms, and didn't get prior authorization from their parent firm. Please.

    29. Re:He whouldn't have e-mailed the customers. by rossjudson · · Score: 1

      Hey, I believe you. The point is, it's not a criminal issue. It can be a civil issue, because barratry is encouraged in our current court system.

      When you sit in the middle and say, "that's just the way it is", you are ensuring that it is.

  13. How about... by Anonymous Coward · · Score: 1, Insightful


    putting excutives in jail for creating software that is buggy and insecure allowing 14yr olds to cost buisness millions of dollars

    responsibility and accountability seems to be forgotton words thesedays, if you do bad and your an excutive you just walkaway and collect your golden parachute

    1. Re:How about... by Anonymous Coward · · Score: 0
      responsibility and accountability seems to be forgotton words thesedays

      As well as grammar, spelling, and punctuation...

  14. Email address database by AgentOJ · · Score: 5, Interesting

    One thing not mentioned in the article was where he got the list of email addresses of the Tornado clients. If he had taken this information when he left Tornado, there could be legalilty issues involved there as far as client privacy goes. Perhaps that weighed on the jury's decision...

    1. Re:Email address database by zedmelon · · Score: 1

      Quite possible, but I'd imagine there's an online phone book of some type. I looked, but Tornado's site is down right now.

      The article said he emailed around (5600?) of Tornado's customers. If he were truly overzealous, wouldn't he just have hit them all?

      Well, he didn't just hit a distro he knew would forward his message to all; he spread out the mails to avoid a DoS.

      --
      Mom says my .sig can beat up your .sig.
    2. Re:Email address database by Gherald · · Score: 1

      The mass e-mailing was definately a crime. He had no business using them, no matter how good his intent.

      Instead, he should have reported the vulnerability through other channels. There ought to be some sort of equivalent to the "Better Buisiness Bureau," but concerning itself with IT companies that falsely advertise themselves as secure...

    3. Re:Email address database by Anonymous Coward · · Score: 0

      He could argue that he got the list of addresses legally. If that fails in court, we have precedent for nailing spammers.

    4. Re:Email address database by Desert+Raven · · Score: 1
      Instead, he should have reported the vulnerability through other channels. There ought to be some sort of equivalent to the "Better Buisiness Bureau," but concerning itself with IT companies that falsely advertise themselves as secure...


      Yes that would be nice, but there isn't any such agency, is there?

      So Einstein, what should he have done, other than walk away from it and let someone else get screwed? He'd already notified the mangement, and they didn't do anything about it.
    5. Re:Email address database by Aadain2001 · · Score: 3, Interesting

      How was the mass email a crime? He didn't DoS them. He even went above and beyond to spred out the load so the email servers would not be slowed down. How is this any more of crime than spam? Granted, we don't like spam, but sending mass emails in and of itself is not a crime. The article did not mention him hacking into anything or causing any disruption of service. He didn't everything by the book. They are only after him because he made the company look bad, and someone in the company has a friend in the government to get this kind of response.

      --
      Space for rent, inquire within
    6. Re:Email address database by LostCluster · · Score: 2, Insightful

      Stealing the customer list from an employer, leaving the company, and then using the list is cause enough to throw someone in jail. Normally such people are fined, but when coupled with a "I know how to hack into you." threat, it gives a justification If you don't wanna be thrown in jail, don't be a criminal.

    7. Re:Email address database by Gherald · · Score: 1

      He got those e-mail addresses in one of two ways:

      1) Inside information from when he use to work for the company.
      2) Hacking into the system.

      Either way, it was a wholly unauthorized use of customer information.

    8. Re:Email address database by Anonymous Coward · · Score: 0

      Tornado could take him to a civil court for using the client e-mail addresses. Then they'd have to prove he got them as an employee or that he stole them.

      No crime here, on the face of it. You can't be jailed for breaching a NDA.

    9. Re:Email address database by jbottero · · Score: 1

      Almost without question, he obtained the email list while still an employee. Such information is proprietary, and indeed he probably signed some type of NDA when he was hired or quit. Theft of the email list was certainly illegal.

    10. Re:Email address database by Gherald · · Score: 1

      > So Einstein, what should he have done, other than walk away from it and let someone else get screwed?

      If you speak their language, management isn't that hard to get through to. He could have given them more information, explaned the ramifications, try to talk to a different manager or someone he knew personally... or offered to give them a demonstration of the how vulnerable their system was.

      Assuming he tried all that first, then I personally do not think it was wrong of him to warn everybody. But it should have been obvious to him from the start that the company and judicial system wouldn't think very highly of it. Its a huge risk to take matters into your own hands like that.

    11. Re:Email address database by Daniel_Staal · · Score: 1
      Almost without question, he obtained the email list while still an employee. Such information is proprietary, and indeed he probably signed some type of NDA when he was hired or quit. Theft of the email list was certainly illegal.

      Then prosocute him for that. This case shouldn't have any merit.

      --
      'Sensible' is a curse word.
    12. Re:Email address database by arkanes · · Score: 3, Insightful

      I seriously doubt that either of those things are the case - it's much more likely that there's a mirror address or online phone book of some kind. Why do I think this? Because he wasn't arrested and convicted for sending the message (RTFA). He was arrested because for the CONTENT of his email. I certainly hope this is overturned on appeal - it's a massively dangerous precedent (there's nothing special about Bugtraq postings, given that the facts in the article are true and complete - you'd be just as liable for posting there as this guy was). It'd amount to the overturning of Federal Whistleblower laws and be an enormous blow to consumer rights.

    13. Re:Email address database by Gherald · · Score: 1

      > No crime here, on the face of it. You can't be jailed for breaching a NDA.

      Pardon my exageration, you are of course correct. Unauthorized use of the e-mail addresses could (should?) be considered a civil matter, and not a crime.

    14. Re:Email address database by Gherald · · Score: 1

      I did RTFA, I am just reading more into the situation. Whether or not what he was convicted for had merit (debatable), he was still on shaky ground having used all those e-mail addresses without permission.

    15. Re:Email address database by ceswiedler · · Score: 1

      Problem is, he wasn't prosecuted under anything related to stealing the email list. He was prosecuted under a clause which describes disrupting services a la worms or viruses. The only service he disrupted was the "bullshit claims of security" service of his former company.

      As the article agrees, he acted maliciously and unethically. Generally, however, that's not enough for a 16-month federal prison sentence.

    16. Re:Email address database by Anonymous Coward · · Score: 0

      then why wasnt he charged with that.

    17. Re:Email address database by Gherald · · Score: 1

      See posts below.. it may just have been a civil matter, and obviously the company wanted him behind bars.

    18. Re:Email address database by z0om · · Score: 0

      i worked for tornado when this happened, I was there the day the mailq became outrageously full. There was only 1 sendmail server (E4500), it did hurt performance and caused disruption of service. Don't know where you get the idea he spread any load.

      Bret did this from his home dsl, who was being paid for by tornado, he called up an employee to brag about what he was doing, while he was doing it. Guess he wanted to get caught.

      There's lots more to say, but its not worth my time, i hate tornado development, they were run by a con-artist and eventually went out of business because the software was such a hack.

    19. Re:Email address database by Nuttles · · Score: 1

      Why it always the little guy against the big guy?

      A company will act in its best interest and as an employee or former one there should be a certain amount of loyalty. Just because upper management can be thieving dishonest people does not give other the right to act that way.

      Bottom line. This guy found the security flaw while working for the company. While he was an employee, he shouldn't have exposed the flaw like that.

      The only way for a computer system to be completely secured is not to have one.

      Having integrity seems to have lost something in this day and age...

    20. Re:Email address database by Aadain2001 · · Score: 1

      What article did you read? He didn't expose it while an employee. He told management which did nothing for over six months. What was he suppoed to do once he wasn't employed there? Tell management again? They could have had him arrest for exstoration (sic). The next level up is to inform the people affected by the security hole so they could protect themselves. He took responsibility for the problem and tried to help protect the people with the most to loose. He could have just turned a blind eye once he was no longer employed and waited for some black hat hacker to find the same thing he did and to start reading all the customers' emails. He did the right thing, which wasn't easy.

      --
      Space for rent, inquire within
    21. Re:Email address database by Geek+of+Tech · · Score: 1
      If you don't wanna be thrown in jail, don't be a criminal.

      Used to knowledge was legal to do anything with.
      Then they copywrote methods.
      Then they copywrote algorithms.
      Then it became illegal to tell how to copy protection.
      Then you can't tell it can be done.

      --
      Stop the Slashdot effect! Don't read the articles!
    22. Re:Email address database by jbottero · · Score: 1

      I'll bet you argue with cops when you get a ticket for speeding through school zones because you didn't see any children.

  15. Obligatory by Faust7 · · Score: 4, Funny

    Talk About A Security Hole, Go To Jail?

    Man, 90% of Microsoft's employees must be working out of prison...

    1. Re:Obligatory by Anonymous Coward · · Score: 0
      Talk About A Security Hole, Go To Jail?

      Man, 90% of Microsoft's employees must be working out of prison...

      nah... seems they never talk about them.

  16. Tornado Development? by babyrat · · Score: 0, Offtopic

    So these guys are allowed to develop Tornadoes that cause massive destruction to trailer parks everywhere, but you are not allowed to tell people about insecure e-mail?

  17. Stupid! by Anti+Frozt · · Score: 4, Insightful

    This is so stupid. If we were to leave the finding and patching of security holes, etc. to the companies in question, attacks, virii, etc. would be even more prevalent then they are today. By increasing the number of sources for reporting these flaws to basically the population of the world, we significantly increase the chances that these problems will be discovered before they can be exploited.

    The DMCA (which IIRC correctly makes pointing out security flaws illegal) needs to be severely looked over or things like the MS Blaster virus are only going to be the beginning of a much larger, nastier problem. Thankfully, it's only applicable in the U.S.

    --
    In C++, friends can touch each others private parts.
    1. Re:Stupid! by loucura! · · Score: 1

      Viruses... virii is the misspelled Latin plural for -Man- or Vir. In Latin the word virus had no plural, since we pluralise it in English, we use English rules for pluralising it making the plural of the word virus "viruses".

      --
      Black and grey are both shades of white.
    2. Re:Stupid! by Anonymous Coward · · Score: 1, Insightful

      RTFA, he stole the list of Tornado customers and emailed them a link to his website where he had a exploit script available and links to vulnerable services.

    3. Re:Stupid! by Anonymous Coward · · Score: 0

      So the Romans had a lot of cactii planted in southern Europe, did they? I agree about the spelling, but your interpolated etymology is flawed.

    4. Re:Stupid! by BrynM · · Score: 1
      The MS spell checker will try to correct "virii" as well. This whole article was badly edited. My personal favorites:
      • "So what did Tornado?"
      • "They've expanding the definition"
      The mistakes here have the signature of a MS Word spell/grammar check. It just goes to show that living, breathing, real editors are still needed.
      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    5. Re:Stupid! by LLWhipist · · Score: 1

      A good company is going to thank you for finding security holes and they are going to fix them (apache is one that pops to mind). A bad company is going to get pissy about you exposing flaws than they have (those are not bugs, they are undocumented features).

      at some point, people will stop sending messages indicating flaws to companies that have them, and they'll stop using that software.

      this is an example of darwinism, those companies that are prepared to evolve and change as a result of outside stimuli will succeed... or at least we can hope that's the way it works...

    6. Re:Stupid! by loucura! · · Score: 1

      Cactuses is the correct term when used in English. But, since it's also (New) Latin, it is -also- correct to use cacti. And it isn't cactii, it's with a single 'i', plural of Latin words is to add a single 'i', people who use virii are confused by the word radii.

      From Merriam-Webster:

      Main Entry: cactus
      Pronunciation: 'kak-t&s
      Function: noun
      Inflected Form(s): plural cacti /-"tI, -(")tE/; or cactuses also cactus
      Etymology: New Latin, genus name, from Latin, cardoon, from Greek kaktos
      Date: 1767
      : any of a family (Cactaceae, the cactus family) of plants that have succulent stems and branches with scales or spines instead of leaves and are found especially in dry areas (as deserts)

      --
      Black and grey are both shades of white.
    7. Re:Stupid! by k12linux · · Score: 1
      If we were to leave the finding and patching of security holes, etc. to the companies in question...

      Not simply the company, but only those inside who are specifically permitted to test. It is fairly common for people to be fired for "testing" their corporate network or software. They get canned for hacking.

      It's sad when somone who reports a bug can be told to sit down and shut up about it or risk jail time if they don't. Just what we need.

      Based on this it would be possible for a security expert to find a serious hole in IIS (for example) and then report it. Six months go by and he tells the public that there is a flaw, but can not disclose any details or description. The company denies any flaw.

      After a year goes by, the flaw is not only unfixed but now in the next version. Even though he sees millions of copies of insecure software sold, he still couldn't warn the end users for fear of going to jail. Finally somone less "nice" finds the same flaw and a worm that pales Code Red is born.

      The idea that a chain of events like this could actually be allowed to occur is rediculous. To any MS lawyers reading... of course MS would NEVER allow a hole to go unpatched for a significant time and I never said otherwise. ;)

      Example of my new ultra-secure encryption software (only $99.99!):
      .liaj ni uoy tup ot ACMD eht esu llI dna siht tpyrced ot woh enoemos lleT

    8. Re:Stupid! by werdna · · Score: 1

      The DMCA (which IIRC correctly makes pointing out security flaws illegal)

      Please identify the clause to which you refer. I am aware of no provision concerning the "pointing out [of] security flaws."

    9. Re:Stupid! by Geek+of+Tech · · Score: 1
      I didn't see where it said that he stole the address or that he had an exploit script available.

      I also wonder why someone called an Anonymous Coward Insightful when I don't believe they read the article.

      The article didn't mention stealing addresses.
      The article didn't mention an exploit script.
      If you're reading another article, please post the link.
      If not please quote some of your information for us.

      --
      Stop the Slashdot effect! Don't read the articles!
    10. Re:Stupid! by Anonymous Coward · · Score: 0

      No, the problem is that the customers of the company didn't know about the flaw, and couldn't know about the flaw if it isn't publicized.

      This is about the right of the customers of the company to know that their information isn't secure like the company claims. It shouldn't be their job for every single one of them to find out individually; if the flaw is known, it should either be fixed or exposed.

      Now e-mailing every single one of them with a link directly to the exploit was definitely overdoing it, but the basic idea was reasonable.

  18. 1984 by spoonist · · Score: 4, Insightful

    Obligatory 1984 paraphrase:

    This is doubleplusungood.

    Also, to quote Winston Smith:

    Thoughtcrime does not entail death: thoughtcrime IS death.
    1. Re:1984 by Anonymous Coward · · Score: 2, Funny

      Right, because this is JUST LIKE having your face eaten by rats and drinking Victory Gin. Jay-sus, do you pull out your Orwell for EVERY YRO STORY?

    2. Re:1984 by Anonymous Coward · · Score: 0

      In SOVIET RUSSIA you eat rats face and victory gin drinks you!

  19. so who do i tell? by Anonymous Coward · · Score: 1, Insightful

    who do i tell when i find out my credit card company's website is not secure? ...or do i just wait for the charges to start appearing on the card?

    1. Re:so who do i tell? by c_dog · · Score: 1

      I think there is a line in the sand to be drawn here. If you are a customer complaining about an insecurity you have found specific to your own accounts (whether or not it is due to a universal insecurity), and complain to the providor of that service, this is very different than proclaiming to the world that it is a universal problem that must be fixed. The former is your right as a paying customer to make sure you are getting that for which you are paying. The latter does nothing but stir up problems that have consequences well beyond the scope of your own interests as a customer. An outsider, no matter how well informed, has no rights in this situation...right or wrong...because an outsider should have no direct vested interest in the problem or the solution unless ill will is involved.

      I think the guy who blew the whistle in this case could have avoided the problems he enountered if he was a customer. He definitely could have requested government help under consumer protection to force the fix of something he identified with *his own* account. But then again, I'm not a lawyer, and I don't currently play one on TV!

      What the world needs is more well informed consumers of technology! Think of all the better O-level decisions that could be made.

    2. Re:so who do i tell? by arkanes · · Score: 1
      Think about this for a second - in ANY industry except IT, what you said is totally untrue. Even in IT, it was untrue (or would have been considered untrue) before this case.

      In fact, in any industry except IT, there's legal consequences for companies that know about dangerous problems and don't fix them, even if people don't get hurt.

      The ability to disseminate information like this is the CORE of what makes capitalism work - you can't possibly have a working capitalist economny without the exchange of information about companies and products. On top of that, it strikes directly to the core of the First Amendment - which is getting eviscerated all the time, as people more and more are willing to allow third parties to overturn it just because they aren't the government.

      The fact is, what this guy did is about as responsible as you can get - he went through official channels first. When those failed to respond, he went directly to those affected. Since he was mailing members of the site directly, not posting publically to bugtraq or (worse) to hacker forums, he limited the exposure as much as possible. His arrest, and even more his conviction, is such a travesty of justice that I shudder to even contemplate it.

    3. Re:so who do i tell? by c_dog · · Score: 1

      Although I follow your logic, I have to disagree slightly with its application here.

      A true capitalist economy is a "free market", no? Consumers and producers driven by supply and demand. Buyer beware...meaning it is the consumer's responsibility, not a third party's, to understand the scope, limits, and risks of any product purchased from a producer.

      If he had been hired by an existing customer, or was one himself, your "capitalist information" logic would follow. As this was represented, it appeared (and I use this word intentionally) that his primary interests were his own.

      I agree he had First Amendment rights to disclose the existence of a problem, which may have been crushed. I disagree with the level of information disclosed to those unable to directly resolve the issue. IMHO, he acted irresponsibly.

      Someone somewhere else in this thread shared the exagerated analogy of figuring out how to steal someone's car, and going to jail. Telling someone that an easy way to steal the car exists should not be a crime. Giving detailed instruction on a means to steal a car (or demonstrating to a captive audience) would be a crime (at least where I was raised). The difference is small, but there is still a difference.

      All of this is purely academic. I do believe an injustice was committed in this case, but I also believe very strongly that security professionals have to be held to a higher standard in order to maintain credibility with "big business" and government. There has to be a better balance than demonstrated in this case.

  20. Ugh. by Anonymous Coward · · Score: 1, Interesting

    I keep hearing stuff along the lines of this and it reminds me of things you used to only hear of in the former Soviet Union. What is this country coming to?

  21. In other words... by Dog+and+Pony · · Score: 5, Interesting

    "Sir, if you don't lock your car, someone could steal your stereo."

    "Officer! Arrest this man! He has figured out a way to steal my stereo!"

    Sign. Some people are just too stupid to live.

    1. Re:In other words... by Anonymous Coward · · Score: 1, Insightful

      "Sir, if you don't lock your car, someone could steal your stereo... HEY EVERYONE!! This car is unlocked.. I'll open the door and hold it open for everyone to take a look in!"

    2. Re:In other words... by el-spectre · · Score: 2, Interesting

      Thank you. This is _much_ closer to the case. It's not that the guy found a vulnerability, folks, it's that he was really irresponsible about it.

      --
      "Faith: Belief without evidence in what is told by one who speaks without knowledge, of things without parallel." - A.B.
    3. Re:In other words... by Anonymous Coward · · Score: 0

      >HEY EVERYONE!! This car is unlocked..

      Not illegal.

      >I'll open the door and hold it open for everyone to take a look in!"

      Likely illegal, but Mr. McDanel didn't go that far. He just told others that the vulnerability was there (that the car's door was unlocked), he didn't do anything to the car himself.

    4. Re:In other words... by gl4ss · · Score: 4, Insightful

      a bit proper way:

      -"Mr. Locksmith, your locks suck, they can be opened with a straw"

      -"grumble grumble*snooze* yeah whatever"

      -> 6months.

      -"Mr. Locksmith, your locks still suck and you advertise them as secure! I can't stand it anymore, I must tell your clients that they can't trust your locks!"

      -"ah lad, you're going to prison then!"

      actually.. the company itself did something illeagal as well(deleted mails, which, can be in some places much higher crime than telling how to get to those mails because it is in effect breach of communications secrecy the customers expected). speaking of the vulnurability to anyone else than the customers would have been more malicious as well(posting on a security webpage or similar). i'd be making investigation requests(on why they manipulated the mail) if i was customer of that said company..

      --
      world was created 5 seconds before this post as it is.
    5. Re:In other words... by mackman · · Score: 1

      This raises an interesting point. What about a guy who wanders though public parking lots looking through the windows of cars to find ones that appeared unlocked and unalarmed. When he finds one he starts shouting "This car can easily be stolen" and places a big picture showing how to hotwire a car and the necessary tools on the hood. Would that be illegal? Should it be? Admittedly more people are likely to read someone else's email than steal a car, but that's not the point.

    6. Re:In other words... by blueskies · · Score: 2, Insightful
      "Sir, if you don't lock your car, someone could steal your stereo... HEY EVERYONE!! This car is unlocked.. I'll open the door and hold it open for everyone to take a look in!"
      He didn't hold the door open for anyone, dumbass.
    7. Re:In other words... by Bryan_W · · Score: 1

      I don't think it would be if all the cars on the lot were being advertised as being locked.

    8. Re:In other words... by Pvt_Waldo · · Score: 1

      No, more like he broke into every car in the parking lot, put a sticker on their stereo that said, "I could have stole your radio because your lock sucks. Here's how!"

    9. Re:In other words... by Cyno · · Score: 1

      I'd throw them all in jail, along with their customers. For wasting our time over something as trivial as email.

    10. Re:In other words... by bennomatic · · Score: 1

      Ah, but he showed them the handle, and gave them blueprints of the keys from which they could make copies...

      --
      The CB App. What's your 20?
    11. Re:In other words... by Geek+of+Tech · · Score: 1
      Are you completely stupid? He never did anything illegal concerning the email system. He never actually did the exploit. He just knew how it could be done.

      Oh, and please, let me fix your comparision...

      He told the car manufacturer that the locks don't actually work. After they didn't correct the problem, he phoned all of the people who had bought cars from this manufacturer. Telling them how to pick their lock.

      Yes, this problem was dangerous whether anyone knew it existed or not.

      When the X-Ray was discovered, people didn't know that it could hurt them, but that didn't stop it from doing so.

      Eventually someone would have discovered the problem. They would have either
      a) Told the company and then gotten the cold shoulder.
      b) Read emails from every last account, collecting blackmail material for eons on end.

      --
      Stop the Slashdot effect! Don't read the articles!
    12. Re:In other words... by Anonymous Coward · · Score: 0

      He only told the owners of the data at risk.

      The customers data were at risk, and he told the customers. He didn't even post to bugtraq, which lot's of people have sait he should have done instead, to avoid going to jail.

  22. What the fuck? by BabyDave · · Score: 1, Funny

    This is disgusting. I can't imagine the sort of idiots who would think that this is a sensible interpretation of the law. What a bunch of useless motherHEYWHATAREYOUDOIdfhg;dkghtjk;htrshy

    As I was saying, what a fair and just decision this is. God bless our legal system and all those who work to support it, especially the ones with guns.

    Big guns

    That aren't in any way being used to coerce me into writing thi';4grhy43gj[w3r#';;4NO CARRIER

    1. Re:What the fuck? by mlk · · Score: 1

      I really want a webbrowser that will post to slashdot when you get halled away.

      I'm gussing it must be a feature in Moz as a lot of /.er seam to use it.

      --
      Wow, I should not post when knackered.
  23. counter-sue by Anonymous Coward · · Score: 0

    I suggest that he counter-sue, claiming that Tornado knowingly "impaired the integrity" of his Tornado email account.

  24. summary by kaan · · Score: 5, Funny

    guy: "you're using Microsoft products, right?"
    customer: "yes, that's correct"
    guy: "well that's a huge security hole!"
    customer: "no way! we have to keep this secret! come on Jeff, let's put this guy in jail before he tells anyone else!"

  25. Not an entirely balanced story by Anonymous Coward · · Score: 1, Interesting

    Hate to say it, and I suppose I should prepare for the 'flamebait' moderation, but the editorial is a bit biased on this one. Will this really stop people posting to bugtraq? Not really... this man was not (like the bugtraq contributors) responsibly informing people who needed to know about the details of the bug. He distributed this information to thousands of potential attackers (i.e. random strangers, not the company involved), and in the process spamming thousands of people who just didn't want to know (yes, spam; I'm sure every spammer thinks his mail is absolutely crucial to every recipient, but it's still spam).

    1. Re:Not an entirely balanced story by Aadain2001 · · Score: 1

      Thousands of potential attackers? You mean the company's customers? Well I guess, statistically speacking, that some of them could have used this information to hack the system, but it wasn't like he posted this to a hacker ring or splattered it on the front page of slashdot as soon as he discovered it. He told the company (which he worked for at the time) and six months later (when he wasn't working for them) they still hadn't fixed it. Now it obviouslly wasn't that hard of a fix concidering how fast the fixed it once he told their customers. And IMO the customers would want to know that something they were being told was secure was really not. If my bank had a screen door on the back of the vault that had no security cameras, I'd want to know so I wouldn't use them.

      --
      Space for rent, inquire within
    2. Re:Not an entirely balanced story by Daniel_Staal · · Score: 3, Interesting

      I don't think it can be argued that he did the best thing in his case, but... What he did should be legal. He told people about a potential problem with a service they were using by using a public forum. If they had attacked him on spamming, I would at least be sympathetic, but all they have said (at least according to the article, which may well be biased) is that by telling their customers about a problem he breached the security of the network.

      He didn't breach the security of the network. He tried to inform the people who could fix it, they did nothing. He then informed the people affected. He didn't do it in a nice way, but it needs to be legal.

      --
      'Sensible' is a curse word.
  26. This is the perfect interpretation ... by burgburgburg · · Score: 3, Insightful
    for this administration. This so meshes with the Ashcroft security paradigm.

    No more of these disruptive "warnings" of vulnerabilities. If you warn people about the real dangers they face instead of giving them vague color-coded faux-warnings, then the terrorists win.

    1. Re:This is the perfect interpretation ... by Anonymous Coward · · Score: 0

      Rate up. This malicious prosecution actually fits perfectly with the Bush Administrations way of dealing with truth.

    2. Re:This is the perfect interpretation ... by Anonymous Coward · · Score: 0

      What is interesting is the day his appeal brief was filed was the day that DHS.GOV/NIPC.GOV released information on the blaster worm. Hmm.. the very departments that arrested McDanel were giving out information on security problems.

      I think they should all be thrown in jail. They obviously commited something they themselves said was a very severe crime!

  27. Another Compulsory jail joke by QEDog · · Score: 1
    Article's title:
    The Sad Tale of a Security Whistleblower

    --
    "There is no teacher but the enemy."-Mazer Rackham
    1. Re:Another Compulsory jail joke by Anonymous Coward · · Score: 0
      The Sad Tale of a Security Whistleblower

      seems like he is going to make the prison guards very happy...

  28. RTFA. by Qbertino · · Score: 4, Informative

    He actually could have done it in a more subtle way. Doing Jailtime for what he did is harsh and so typical US-insane, I agree, but he actually did probably break law never the less.

    --
    We suffer more in our imagination than in reality. - Seneca
    1. Re:RTFA. by Not_Wiggins · · Score: 1

      Well, not to defend the government's actions in this, but how does one uncover a security hole unless one goes looking for it? 8/
      I suppose one could argue that he only found trouble because he went hunting it down.

      --
      Diplomacy is the art of saying, "Nice doggie!" until you can find a rock.
    2. Re:RTFA. by BigBadBri · · Score: 1
      No.

      The law refers to the integrity of computer systems, not their percieved integrity.

      The integrity of the computer systems was in no way affected by the publication of information regarding the vulnerabilities - they were vulnerable to begin with, and although the publication of the vulnerabilities may have increased the likelihood of a breach of security, it did not by any stretch of the imagination affect the integrity of the systems.

      There is an argument (akin to the 'shouting "Fire" in a crowded theatre' restriction to the 1st Amendment) that what he did was excessive and malicious, but under the law on which he was prosecuted, the judge made a foolish extrapolation of the meaning of the law.

      --
      oh brave new world, that has such people in it!
    3. Re:RTFA. by Anonymous Coward · · Score: 0

      He worked for the company, found the bug, reported it, they didn't fix it, and he quit.

      Six months later, he checks again, the exploit's still there, and he tells the customers. He then gets jailed.

      Was he "looking for trouble"? I guess in the same way most anyone would be "looking for trouble" if they saw a section of fence missing ment for protection that *still* hadn't been repaired. If making sure software is secure or reporting about insecurities is a crime, I hope to god I never have find a security flaw by accident.

  29. This is a Serious Problem by Montgomery+Burns+III · · Score: 4, Interesting
    In order to obtain a security certification, I had to write a paper on an aspect of security(insecurity).

    I chose to write in detail about the particular implementation of a Remote control software for Windows. In order to demonstrate that I was not a loser, I needed to include packet traces, hex dumps, etc. to show detail of the password storage mechanism of the software in question.
    To be honest, I was nervous submitting this paper.... It would be nice for people to be able to disclose such information without having to worry about joining the Witness Relocation Program.
    --

    'ta
    1. Re:This is a Serious Problem by Montgomery+Burns+III · · Score: 2, Informative
      Look here for more info: SANS Certification Papers.
      --

      'ta
  30. Company not whistleblower impaired network by Anonymous Coward · · Score: 1, Interesting

    It was the company who "impaired the security of the network" by not fixing the vulnerability once they were informed of it. The whistleblower did nothing to impair the security of the network, he merely informed the users of the impaired security status of the network,

  31. Good deeds... by sporty · · Score: 1

    As someone said either today or yesterday, quoting someone else :), "No good deed goes unpunished."

    Everybody wants something. Apparenlty the company wanted to be left alone, even in its broken state, and it wanted more money.

    --

    -
    ping -f 255.255.255.255 # if only

    1. Re:Good deeds... by Anonymous Coward · · Score: 0
      Ferengi Rules of Acquisition

      285. No good deed ever goes unpunished.

  32. In jail you can talk about holes all you want... by Anonymous Coward · · Score: 0



    ..

  33. I don't understand the reasoning... by flogger · · Score: 1
    Picture this: I walk by my bank at midnight while walking my dog, and I tug on the door to find it unlocked. I then write a letter and deliver it to the bank manager the next day. The letter says: You bank is unlocked at midnight. it may be possible for someone that is not authorized to walk in.

    This is a non-cyber version, but is it different?

    I suppose there are a couple of possible things that might happen:
    • The bank manager finds that there is $2,000 missing and decides to pin in on me becuase I know how to get into the bank.

    • I get thrown in jail for attempting to break into a bank.


    Anyway, what is the propper protocol for reporting a security hole? Post a H4X0r site detailing how to get pasta security hole, or maybe ost an article about it to slashdot?

    [/end ramble]

    --
    ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
    "First things first -- but not necessarily in that order"
    -- The Doctor, "Doctor
    1. Re:I don't understand the reasoning... by TexVex · · Score: 1
      Picture this: I walk by my bank at midnight while walking my dog, and I tug on the door to find it unlocked. I then write a letter and deliver it to the bank manager the next day. The letter says: You bank is unlocked at midnight. it may be possible for someone that is not authorized to walk in.
      The analogy is incorrect. To make the analogy correct you would have subsequently mailed that same letter to the bank's customers, after noticing after a time that the bank still hadn't locked the door.
      --
      Fun with Anagarams! LADS HOST, SHALT DOS. HAS DOLTS. AD SLOTHS, HATS SOLD. ASS HO, LTD.
    2. Re:I don't understand the reasoning... by threephaseboy · · Score: 1
      Post a H4X0r site detailing how to get pasta security hole

      Pasta Security Hole? Sounds yummy.
      --
      .
    3. Re:I don't understand the reasoning... by Cali+Thalen · · Score: 1

      Bah.

      If you notice the door open, you quietly tell the bank manager.

      What this guy did after telling the manager was, in effect, to put up a big sign explaining that the bank doors were always accidentally left open at night and oh, by the way, the cash is in the safe at the rear left of the bank, which is may also unlocked if you 'd like to look. He then contacted all the bank's customers to tell them where to find the sign explaining all this. And, the sign was actually put up right along a rather large superhighway where anyone who was driving by could see it.

      Not quite the same thing...

      --
      Chaos, panic, disorder...my work here is done.
    4. Re:I don't understand the reasoning... by 110010001000 · · Score: 1

      If you had gone into the bank, taken all the contact information for all the clients of the bank (which this guy had done - not mentioned in the article of course), and then sent letters to all the clients explaining when and how you can break into the bank, then yes - you are vulnerable to being thrown in jail.

    5. Re:I don't understand the reasoning... by EverDense · · Score: 1

      Post a H4X0r site detailing how to get pasta security hole

      Pasta Security Hole? Sounds yummy.


      Sounds like what Mafia Boy used.

      --
      http://jesus.everdense.com/
    6. Re:I don't understand the reasoning... by kiltedtaco · · Score: 2, Insightful

      Still, the point is that if I was a customer at said bank, I would very much like to see that sign and immediatly close my account with the bank and move to some place that will secure my money at least a bit. And I would personaly thank whoever posted this sign.

    7. Re:I don't understand the reasoning... by Karl+Cocknozzle · · Score: 1

      Ditto my man... Wish I had mod points...

      --
      Who did what now?
  34. You're forgetting a few things by burgburgburg · · Score: 5, Interesting
    a) The company did nothing about the flaw for over six months after it was reported
    b) They continued to advertise their webmail services as secure despite knowing that they were vulnerable.

    He should get all of the users of the service together and class-action sue Tornado for knowingly lying to them about the security of their service.

    1. Re:You're forgetting a few things by Anonymous Coward · · Score: 4, Insightful

      I think both of those things point to a better course of action. While, personally, my opinion on bug disclosure is tell the vendor, wait two weeks, then tell the world--another, safer, avenue WAS available.

      Simply call the State Attorney General and try to open a fraud case. They are advertising a secure service while knowingly ignoring large security holes. It's simple fraud. And are you going to go to jail for talking to the Attorney General? Who exactly is going to prosecute you? It's the safe choice.

      Nevertheless, I believe he had the absolute right to do what he did. He just could have chosen a safer, smarter path.

    2. Re:You're forgetting a few things by sumbry · · Score: 5, Insightful

      It's not that you're forgetting a few things, is that you're forgetting one major thing. He discovered this exploit while he worked at the company. It doesn't matter that he felt the need to alert the world to this exploit after he left, he gained this knowledge while employed there.

      In the same way that you can't work at a company, learn it's trade secrets, and then jump ship to another company, and disclose all of their trade secrets (similiar to an NDA except this pretty much applies anywhere you work) you also can't gain knowledge of security exploits while you're under their employment, leave, and then tell the entire world about it.

      THe feds were completely right in going after this guy. Some of you are being blinded by the security aspects of this, and I would argue differently if he had never worked at the company in question and discovered this exploit as an outsider, but that is not the case.

      He got what he deserved. I've worked at tons of companys where to this day I could tell you any number of ways to get back into their networks. Am I going to do that? Hell no. My best course of action is to alert the company of the exploit, and walk away.

      That's exactly what he should have done. He didn't, and he paid the price.

    3. Re:You're forgetting a few things by Cyno · · Score: 1

      Personally I think once he left the company he should have purchased one of these "secure" email accounts and then turned around and sued the company for fraud for all the money he could make. Early retirement would be very nice 6 months after telling management to patch that security hole.

    4. Re:You're forgetting a few things by Darth_Burrito · · Score: 4, Interesting

      you also can't gain knowledge of security exploits while you're under their employment, leave, and then tell the entire world about it... THe feds were completely right in going after this guy.

      This sounds very much like a civil matter. An NDA would definitely be a civil matter. Why would the feds be involved at all?

    5. Re:You're forgetting a few things by Darth_Burrito · · Score: 5, Insightful

      Sorry to double reply but here's another point. If we were talking about a guy working for a tobacco company who found out the company was deliberately making their product more addictive while running a PR campaign saying the cigarette smoking was safe, would we even be having this debate?

      I agree that the guy's actions sounded malicious, but when it comes down to it, he was a whistle blower. He demonstrated that the company continued to advertise its services as secure even while they knew about a blatant security flaw which they did nothing to fix for six months.

    6. Re:You're forgetting a few things by Anonymous Coward · · Score: 0

      It was actually in a paper that was written by an exemployee and sent in to Tornado while he worked there that alerted him to this problem. So it was nothing that was not published already by the time he quit. An NDA does not apply to stuff that is in the public!

    7. Re:You're forgetting a few things by sumbry · · Score: 1

      Sorry to double reply but here's another point. If we were talking about a guy working for a tobacco company who found out the company was deliberately making their product more addictive while running a PR campaign saying the cigarette smoking was safe, would we even be having this debate?

      Huge difference tho, there are no laws dictating that a company that says its software is secure have to be secure, but there are laws governing the safety of consumer products (like tobacco, alcohol, food, etc). And secure is such a vague term as well, any piece of software can be compromised, especially if you worked on said particular piece of software.

      I agree that the guy's actions sounded malicious, but when it comes down to it, he was a whistle blower. He demonstrated that the company continued to advertise its services as secure even while they knew about a blatant security flaw which they did nothing to fix for six months.

      Whistle blower? You're kidding right? We're talking about an exploit here. You think a MIcrosoft employee that decided to come forward and reveal a flaw in Outlook or Office would be treated any differently than this guy was? By agreeing to work for said company, he is also agreeing to keep trade secrets confidential, even if those boil down to exploits.

      It doesn't matter that he may be trying to do this for the greater good, you cannot do something like this, using information gained while working for said company. And contacting all of the companys customers? THat was just malicious. He could have just as easy sent a single anonymous email to any number of security organizations if that was his true goal and been done with it.

      And to top all that off, how the hell did he get a list of all the companys customers? My guess - he jacked it while he worked there. And that's just as illegal as anything else he did.

      IANAL and am not exactly sure all the rules behind what seperates a civil state case from a Federal one, but corporate cases (for almost anything) usually fall under Federal jurisdiction.

    8. Re:You're forgetting a few things by Anonymous Coward · · Score: 0

      >there are no laws dictating that a company that says its software is secure have to be secure, but there are laws governing the safety of consumer products

      You're mixing two different things. There are no laws dictating that a company make safe software (that I know of). There *are* laws against false advertising. They could make the most insecure product in the world and sell it with imputy. The second they lie blatently (my opinion being what's considered blatent lying is much too lax) about it being secure, they can be injunctioned. The fact is, the company should have been the target if anything. And the company could have sued the guy claiming slander.

      As for whether he's a whistle blower or whatever, the fact of the matter is unless he signed a NDA, he isn't required to *not* tell people about the exploit. He could have even said it while working for them, but he'd probably be fired for violating protocol. If he violated a NDA, he could be sued for that. None of this is a federal case. At worst, it's possibly a civil case.

      It doesn't matter how malicious his actions were e-mailing customers. The fact of the matter is, if he already told the company, they should have either taken down the service until it could be fixed, wrote up a hack patch to block the exploit, or actually made an actual fix. If anything, the company not fixing the problem was the source of the network integrity being compromised. Him explaining the exploit to anyone was part of the first ammendment right. Any company unwilling or unable to fix their system for a *known* vulnerability deserves whatever backlash from customers that occurs. Companies shouldn't be rewarded for their negligence.

    9. Re:You're forgetting a few things by Darth_Burrito · · Score: 2

      you cannot do something like this, using information gained while working for said company.

      Why not?

      And contacting all of the companys customers? That was just malicious.

      I don't really like what he did, but the customers were the victims of the company's willfull deception. In a certain sense, they could be construed as the most important people to be contacted.

      And secure is such a vague term as well, any piece of software can be compromised, especially if you worked on said particular piece of software.

      I don't see how secure is a vague term. It has a very unambiguous definition. The reason why you think it is a vague term is because so many companies misrepresent their products as being secure. The word has been abused so much that its usage in marketing materials has become synonymous with snake oil.

      there are no laws dictating that a company that says its software is secure have to be secure

      I'm not a lawyer and apparently laws on this subject vary from state to state, but here's a description of the legal definition of Fraud within the state of California. http://www.hartley.com/natfraud.htm#legfraud
      A company or person can befound guilty of fraud when the following five conditions are met.

      (a) misrepresentation (false representation, concealment, or nondisclosure);
      The company had been informed of a severe security flaw in their product and they continued to advertise it as secure. Additionally, they failed to disclose that a problem existed.

      (b) knowledge of falsity (or "scienter");
      They were informed of the security flaw therefore they were aware the claims they made were false.

      (c) intent to defraud, i.e., to induce reliance;
      They advertised security in an effort to gain the trust and reliance of customers, potential customers, and investors.

      (d) justifiable reliance; and
      Undoubtedly, people relied on their communications being secure.

      (e) resulting damage.
      Data could have been compromised. At the very least, customers or companies who chose this service for security reasons will have to spend time and money re-evaluating their choice of service. There may be down time as clients switch to alternate providers. And then there are all of the big investors.

    10. Re:You're forgetting a few things by Anonymous Coward · · Score: 0

      So there's no place for whistleblowers in your world?

      Seriously, if a company refuses to fix a problem that they have been told about, they should be put under pressure to fix it. Unfortunately, for an individual person, the means available are fairly limited, and for security problems, disclosing the problem is probably the only effective way to do it - after trying nicely for sufficiently long, and allowing for the fact that it may be a question of stupidity rather than malice.

      As much as people have come to think that companies making false claims about their products and services is just "business as usual", that isn't something that should be tolerated as much as it currently is.

      Walking away is not something an ethical individual should do.

    11. Re:You're forgetting a few things by Eric+Gibson · · Score: 1

      He could have easily posted this vulnerability to bugtraq and other channels, without exploiting it on there systems. He basically cracked into there systems, and forwarded a bunch of emails to customers on the site explaining why the site is insecure. That seems okay to you? There is a difference between putting up a website containing some exploit code, and using that code to break into someone elses systems.

      I definately wouldn't have informed the public about a vulnerability this way. He had malicious intent and made a childish decision. I think he deserved what he got.

    12. Re:You're forgetting a few things by u-235-sentinel · · Score: 1

      What's sad is the company has now hurt themselves terribly by dealing with him as they have. Sure he may have done some rather stupid things but think about it. They are now slashdotted. They're screwed ;-)

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
  35. RTFA by Anonymous Coward · · Score: 1, Interesting

    It's pretty clear most of you haven't read the article. All the police state/hat the USA/Big brother comments prove this. The guy was stupid. He went way beyond what normally is done to disclose major security flaw.

    1. Re:RTFA by kiltedtaco · · Score: 1

      What's 'way beyond what normaly is done'? What I think is a very important part of this is that he didn't send a message to bugtraq or a few thousand random people, he only told the people who were affected by the issue. Once agin, if my email was with that ISP, I would appreciate his efforts, and I would close down my account and switch immediatly. Telling the company aparently didn't cause anything to change, and not doing anything and just hoping the problem would go away doesn't fix anything either.

      Think about it. What do you want more, someone reading your email, or someone sending you an email saying that your email can be read by someone else? Ignorance simply doesn't make the world any safer.

  36. Well, if it means jailtime anyways... by Theatetus · · Score: 1, Funny

    ...why not just jack some credit card numbers/SSN's/other confidential info from the email system? If it means jail whether you do the good thing or the bad thing, why not make some scratch out of the process?

    --
    All's true that is mistrusted
    1. Re:Well, if it means jailtime anyways... by Empty_One · · Score: 0, Troll

      Um, beacuase then you would definatley be breaking the law, which pretty much goes against what the guy was trying to accomplish.

    2. Re:Well, if it means jailtime anyways... by Empty_One · · Score: 1

      How could this be marked troll? Bah.

  37. Not trying to be a quibbler... by Kjella · · Score: 1

    The DMCA (which IIRC correctly makes pointing out security flaws illegal) needs to be severely looked over ...but written out "which if I recall correctly correctly makes pointing out security flaws illegal" it sounds like the last correctly means that to make pointing out security flaws illegal was correct, but from the context you obviously meant the opposite. Or maybe it's just me reading slashdot past midnight, either way it's time to head to bed.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:Not trying to be a quibbler... by Anti+Frozt · · Score: 1

      Yeah, scratch that second correctly. Wrote that post at the end of the day at work. Bleh!

      --
      In C++, friends can touch each others private parts.
  38. Not a bright light. by niko9 · · Score: 1

    I feel for the guy, but if he was genuinley interested in the welfare of his former employers customers, wouldn't it have made more sense to cantact someone (even a friend) at the company and give them a heads up?

    1. Re:Not a bright light. by Anonymous Coward · · Score: 0

      RTFA. He had informed them six months prior, with no result.

  39. Two wrongs does not make a right... by mcguyver · · Score: 1

    This is not a case about exposing a security hole and going to jail but the headline makes it seem that way. Read the article and you will see that this guy deliberately told people about the security hole with the intention of causing harm. His reason for exposing the security hole seems more to do with getting revenge on his previous employer than helping the company fix the problem. Prison time is what he gets for acting so childish.

    1. Re:Two wrongs does not make a right... by kiltedtaco · · Score: 1

      Please point out where you determined he had the "intention of causing harm".

    2. Re:Two wrongs does not make a right... by mcguyver · · Score: 1

      Look at the big picture. He finds a security hole at his company. The company lays him off. He emails their customers with info on the security hole and how to exploit the hole. The result is what was once a potential problem with potential victims turned into a real problem with real victims. I feel for this guy because the company knew about the problem and did nothing to fix the issue however that doesn't give him permission to throw gasoline on the fire.

    3. Re:Two wrongs does not make a right... by kiltedtaco · · Score: 1

      The article said they didn't think the vulnerability was exploited. What could have been a real problem with real victims in my opinion was avoided by him makeing this fuss about the issue, and getting the company's customers to demand the issue be fixed. If you really want to continue the fire metaphor, at least he threw the gas on the fire, thus causeing it to be extinguished, before someone else threw a gernade in.

    4. Re:Two wrongs does not make a right... by mcguyver · · Score: 1

      >If you really want to continue the fire metaphor, at least he threw the gas on the fire, thus causeing it to be extinguished, before someone else threw a gernade in. Very true. He could have prevented an even bigger problem. But that's an argument that's not going to protect you in court.

  40. the real reason he went to jail... by The+Lynxpro · · Score: 0, Flamebait

    ...the solution to securing the hole was to use a Mac! And you thought it was bad when last week on Slashdot the buzz was you'd lose your job if you suggested using Macs! :)

    --
    "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
  41. ...the message was incorrect.... by jmors · · Score: 5, Insightful
    I particularly like this section of the article...

    The government argued that the message was incorrect, useful to would-be attackers, and was intentionally designed to give Tornado trouble.

    Either the message was incorrect (which would render it useless to would be attackers), OR the message was CORRECT if indeed the message could be useful to would be attackers. I see a real contradiction in the government's arguement here (yes I know, big surprise eh?).

    Does this mean that when Microsoft issues a report warning of a vulnerability in their software and exactly where it is and what the vulnerability can cause along with a security advisory that they are breaking the law?

    This, IMHO sets a very dangerous precedent. It reminds me of another reuters article I read today concerning corporate whistle blowers having trouble continuing their careers in other companies after exposing illegal activity.

    The Matrix is real... but I'm only visiting!

    --
    The Matrix is real... but I'm only visiting!
  42. Intereting indeed. by FreeLinux · · Score: 5, Interesting

    That would be a very interesting exercise. It would be facinating to see just how fast OSDN would roll over and cough up the "Anonymous" IP address to the feds.

    1. Re:Intereting indeed. by Anonymous Coward · · Score: 1, Insightful

      That's why you do it from a public computer in your local library. (of course, my IP address changes almost every time I go on the net, so I'm not too worried about that aspect personally). Then there is the other issue-----had I been on that jury, "not guilty" all the way

    2. Re:Intereting indeed. by Master+of+Transhuman · · Score: 1

      I think about the same amount of time as it takes for me to hit the "Submit" buttom and for the post to show up on the page.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    3. Re:Intereting indeed. by jbottero · · Score: 2, Insightful

      my IP address changes almost every time I go on the net

      So does mine, I don't live in an area that has high speed. But your ISP still logs who is using what IP addresses. Don't think that dynamic IP keeps you hidden, friend.

    4. Re:Intereting indeed. by Bingo+Foo · · Score: 0, Offtopic
      Slow Down Cowboy!

      Slashdot requires you to wait 20 seconds between hitting 'reply' and submitting a comment.

      --
      taken! (by Davidleeroth) Thanks Bingo Foo!
    5. Re:Intereting indeed. by Anonymous Coward · · Score: 0
      It would be facinating to see just how fast OSDN would roll over and cough up the "Anonymous" IP address to the feds.
      It would be equally fascinating to see the feds pull out their hair in frustration when it turns out that the "Anonymous" IP address belongs to some misconfigured proxy server in Romania, and really is "Anonymous" as far as tracking down the poster is concerned.

      There are lots of proxies out there, use them when you're going to do something like this.
    6. Re:Intereting indeed. by Cyno · · Score: 2, Insightful

      What if you change your MAC address? How is your ISP even going to know your MAC address if you route through a gateway device?

      They have to cache some indentifiable data somewhere. If they cache a false MAC address then the only thing they can prove is it came from your connection to their network. Now if you have a wireless AP on your network or any other form of anonymous access, then you're innocent until proven guilty.

      You're still the number 1 suspect, tho, which is why I recommend posting anonymously from a cyber cafe with DHCP and a modified MAC, just in case.

    7. Re:Intereting indeed. by WatertonMan · · Score: 1

      What good is the anonymous IP address if you used a library or college account? There's still no way to trace it back to a person, unless they had video cameras or the like.

    8. Re:Intereting indeed. by Anonymous Coward · · Score: 0

      Post anon from an open AP you found, or with a beige box. Be sure to bounce through some open relays too.

      Laws are there to keep the people honest, if I *really* wanted to commit a computer crime, the feds would never find me.

    9. Re:Intereting indeed. by Cyno · · Score: 1

      Laws are there to keep the people honest, if I *really* wanted to commit a computer crime, the feds would never find me.

      I suspect any intelligent administrator could walk all over the net without being caught. Let's just hope I don't lose my job, eh? Wanna give me a dotcomcrash? I'll show you a dotcomcrash! ;)

      I enjoy being on the good side of the force, when it pays well.

    10. Re:Intereting indeed. by Anonymous Coward · · Score: 0

      You think they don't?

    11. Re:Intereting indeed. by Anonymous Coward · · Score: 0

      Slow Down Cowboy!

      Months ago, I emailed the "boys" that this error message was missing a critical comma: "Slow Down, Cowboy!". Since that time, the bug has not been fixed.

      I am not using this public forum to reveal to you, Slashdot's customers, that this serious bug still exists! Slashdot's maintainers are operating this web site with the full knowlege that this error message is defective! Protect yourself!!

    12. Re: Intereting indeed. by Black+Parrot · · Score: 1


      > That would be a very interesting exercise. It would be facinating to see just how fast OSDN would roll over and cough up the "Anonymous" IP address to the feds.

      Does Slashdot even bother saving the IP address for every post?

      --
      Sheesh, evil *and* a jerk. -- Jade
    13. Re: Intereting indeed. by GigsVT · · Score: 1

      Does Slashdot even bother saving the IP address for every post?

      Go try to moderate a story you posted as an AC in.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    14. Re: Intereting indeed. by illuvata · · Score: 1

      yes, all slashcode sites do

    15. Re:Intereting indeed. by Anonymous Coward · · Score: 0

      What if you change your MAC address?

      Um,I think they use the little thing called LOGIN and PASSWORD. WhoTF cares what your MAC is?

    16. Re:Intereting indeed. by Anonymous Coward · · Score: 0

      No, there is no comma necessary. There is a typo, however. It should say, "Slow Downs' Cowboy" in reference to the rodeo event in the special olympics.

    17. Re:Intereting indeed. by jbottero · · Score: 1

      Thank you.

    18. Re:Intereting indeed. by Anonymous Coward · · Score: 0

      Offtopic? Moderators. Crack.

  43. So basically by phorm · · Score: 4, Interesting

    He went to jail for sending emails? Perhaps he should have just sent a death-threat to his somebody by email, probably would have netted him less time.

    Seriously, more and more nowadays you read about people being incarcerated for defying authority, the government, of worse: corporations. Real crime is being pardoned, especially corporate white-collar criminals, while the jails are being filled with people just trying to exercise their rights.

    America strikes me as a very odd country. There, you have a right to bear arms, based on the revolution against the government sometime ago. Yet somehow, say one wrong thing, against the government, or against their sleazy funders (big business) and your screwed. Give us another 10-15 years, and the crime for whistleblowing with be more than murder - and you'd be better off solving your problems with a gun than making an honest attempt at helping your fellow countrymen.

    1. Re:So basically by heli0 · · Score: 1

      "say one wrong thing, against the government, or against their sleazy funders (big business) and your screwed."

      They only fund one of the parties. The other party is funded by trial lawyers, labor unions and Hollywood.

      I suppose this story is one where my sig is applicable.

      --
      Whenever the offence inspires less horror than the punishment, the rigour of penal law is obliged to give way...
  44. Fuck em let em burn by Anonymous Coward · · Score: 0

    The US is BY FAR the most litigious, uncaring, ethnocentric civilization on this planet earth (particularly since King George, fascist autocrat, and his cronies hit office).

    Thus, stop trying to help companies or their customers. You are GUILTY FIRST in this society and have to prove innocence later. Be a TRUE AMERICAN, be rascist, selfish, controlling, and militaristic. Be all that, and you will still end up in the slammer getting poked up the bunghole.

    If fascists keep getting elected, must mean most americans are fascists..

    Any cheap land up there in CANADA??

  45. California? by sleepingsquirrel · · Score: 4, Informative
    I thought that by law they had to disclose security breaches? Here's another relevant article.
    The law requires all businesses that own, license or maintain any "computerized data" that contains "personal information" to disclose any breach of the security of such database to any California resident whose personal information was, or is reasonably believed to have been, acquired by a hacker
    1. Re:California? by slithytove · · Score: 3, Insightful

      this wasnt a breach per se, just the potential for one.
      and while this is not a happy precedent, the guy didnt handle it in the coolest way possible.

    2. Re:California? by Anonymous Coward · · Score: 0

      If memory serves me right....

      1) This guy was convicted in Federal District Court, under a Federal Statute. California Law would not apply here.

      2) There was no 'breach' per se, except for the guy who broke into the email list to distribute the warning. In that case, Tornado would have to disclose the breach of the ex-employee

    3. Re:California? by worm+eater · · Score: 1

      Yes, the business would be required to tell customers if the flaw was exploited. That is very different from someone no longer affiliated with the business telling customers that the data could be compromised, and then posting the info on his public web site.

      Obviously the company sucks, and possibly even broke the law, but this guy did not need to tell everyone exactly *how* to exploit the flaw. He should not be in jail, granted, but as a few people have mentioned, he was out of line.

      --
      Maybe partying will help...
    4. Re:California? by k12linux · · Score: 1
      The law requires all businesses... to disclose any breach of the security..."

      To bad he didn't actually breach the security, take some data and then send some kind of proof to the company. As it is he only showed it was possible to.

      !gis ruoy tpyrcne syawlA

    5. Re:California? by the_bard17 · · Score: 1

      "This wasn't a breach, per se, just the potential for one..."

      *sarcasm*
      Yeah, that's handy. Imagine if I had a fuel gauge in my car that told me when I was out of fuel, instead of when I was about to run out of fuel.

      Or a bank account that let me know when I was completely broke, instead of letting me know when I was about to go broke.
      */sarcasm*

      When will the absurdities end?

  46. IT vrs other professions by DarthBobo · · Score: 5, Interesting

    Its interesting that other professions actually have a duty to inform others of their vulnarability - while in IT you can be punished for it.

    As a physician, if I find that a patient presents a danger to another person (for example, a man has a psychotic break and intends to kill his wife), I have a legal and ethical obligation to inform that person (whom I have never met.) If I fail to do so, I can be thrown in jail.

    Its not hard to envision a future scenario in information security where one could have legal obligations both to inform and _not_ inform -- thus finding a security hole would guarentee punishment no matter the road taken.

    --
    +--------------------- You idiot! I told you we were facing the wrong way!
    1. Re:IT vrs other professions by Anonymous Coward · · Score: 0

      Some say this is the intent -- if most people are guilty of something, and you have the databases to prove it, they may be amenable to do what you say.

      Look what Hoover accomplished, with not one-tenth the technology...

    2. Re:IT vrs other professions by kiltedtaco · · Score: 1

      I think the difference here is not IT vs. other professions, it's corperations vs. people.

      I'm really starting to question the relationship between 'the government', 'the corperations' and 'the people' anymore.

      In SOVIET RUSSIA, would this problem have us?

    3. Re:IT vrs other professions by Anonymous Coward · · Score: 0

      a future scenario in information security where one could have legal obligations both to inform and _not_ inform

      Its called "doublethink" i think.

  47. the obligatory analogy by LuxFX · · Score: 1

    This would be like somebody taping a sign to the front door of a video store that says, "The lock has fallen out of this door. You should fix this, or thieves could enter in the middle of the night and steal from you." I suppose to complete the analogy, you should assume that the shop owner does not have the correct tool to fix the lock.

    In both cases, making a general alert -- while maybe not the best thing to do (a private note to the owner would always be a better idea) -- still doesn't amount to anything more than commentary on a situation. And just because the shop owner could not fix the situation himself, does not make you responsible for the situation itself.

    Now, turn that around, and say that the note was sent privately to a would-be-burglar, and if the person sending the note was aware that this was a would-be-burglar, then the person would be accessory to the theft.

    Now here's the far-fetched analogy, just to point out parallels...

    Say a bank robber was planning on robbing First City Bank in Pretendville. You are walking down the street when this bank robber passes you, flustered and nervous. "Where's First City Bank?" he asks. You tell him, "two blocks that way, then make a left, can't miss it." You've just revealed information which can potentially be used for a theft. Since the bank was, at the time, protected from the theft by having a location unknown by the robber, you just impaired the integrity of the bank's security. Bam. 16 months....

    (ok, that was a stretch)
    .

    --
    Punctanym: alternate spelling of words using punctuation or numerals in place of some or all of its letters; see 'leet'
    1. Re:the obligatory analogy by Qrlx · · Score: 1

      making a general alert -- while maybe not the best thing to do (a private note to the owner would always be a better idea) -- still doesn't amount to anything more than commentary on a situation. And just because the shop owner could not fix the situation himself, does not make you responsible for the situation itself.
      Not so long ago, the newspapers here ran a story saying there were only a handful of sherriff's (sp?) deputies in a particular county. The obvious implication is that it's a great place to commit crimes.

      What they didn't do, which is where I think the line should be drawn, is tell you what the deputy's work schedules are, days off, locations of police stations, etc. Now, you can find out all that information on your own, but providing a "cookbook" for crime is not the right thing to do.

      The Grey Man theory comes into play in these issues too. Speaking out is a sure way to get some attention... in this case negative attention. Rather than spam all the customers, the smarter thing would have been to post the 'sploit on BugTraq or some other generally accepted venue for such a discussion. He probably would have been spared if he hadn't become so personally and directly involved with his former employer.

      That being said, the bigger problem is that these "crimes" seem to be arbitrarily selected by the feds for prosecution. People get the book thrown at them, slammed in jail, but we (the techie 31337) don't really know if speaking out is going to be protected and weclomed, or get Ashcroft's panties in a bunch. What if someone spoke out about vulnerabilites in the power grid, to use a relevant example? If the New York Times does it, they're probably safe. If a disgruntled engineer does it, he's probably a terrorist. It's definitely getting chilly in America.

      The most mixed-up metaphor that I can think of is: The Emperor has no clothes, and a pet ostrich to boot. Got a problem with that? Here come the brownshirts.

    2. Re:the obligatory analogy by kiltedtaco · · Score: 2, Interesting

      I call BS on three points.

      1) The company could DEFINITLY fix this problem.

      2) The company was informed of this problem prior to the emails being sent out, and did nothing.

      3) Our arrested subject in question did not inform the general public, he informed only patrons of said company, who could use this information to protect their privacy by switching ISPs.

      But the analogy at the end is very good. Is the integrity of the bank's security impaired by them leaving the front door open, thus allowing armed robers entry, or is it impaired by someone informing *potentialy* armed robbers that they leave their doors open and you can walk in with a gun?

    3. Re:the obligatory analogy by Ophelan · · Score: 1

      I believe this would be a better analogy:

      1) There is a security flaw in the doors at a self-storage facility.
      2) You leave a note for the management company informing them so.
      3) 6 months pass. You now slip a note under each door so each customer can see that this flaw exists.
      4) Go directly to jail. Do not pass go. Do not collect $200.

  48. Isn't think protected by YoDave · · Score: 2, Interesting

    Isn't this type of action protected by whistle blower protection laws?

  49. question by Anonymous Coward · · Score: 0

    Do you get to pass "GO" first?

  50. only in the USA by selderrr · · Score: 2, Insightful

    i don't intend to troll, but in this case, the truth IS a troll. In the FUD-ruled USA, only officials & big corps are alowed to fud. Any individual or small organisation that spreads fud si considered a threat. Probably to prove that the govt is not allowing fud.

    The only way to disclose security holes is by letting big corps do it, or by doing it as anon as possible. Currently, europe is a tad better, but I expect this evil practice to fly our way in no time, as DRM is apparently doing. Sigh. It's so sad to see capitalism failing. I guess this must be a bit how the commies felt after they were proven wrong. Our only hope is that the future will come up with something better.

    1. Re:only in the USA by Anonymous Coward · · Score: 0

      >>"Any individual or small organisation that spreads fud si considered a threat. Probably to prove that the govt is not allowing fud."

      Then how do you explain Rush Limbaugh and Maureen Dowd?

    2. Re:only in the USA by Anonymous Coward · · Score: 0

      It's so sad to see capitalism failing. I guess this must be a bit how the commies felt after they were proven wrong.

      Insightful observation. Capitalism IS failing. In a pure profit-motive system, the greediest will rise to the top, and then stifle anything that gets close. Witness Microsoft.

      Our only hope is that the future will come up with something better.

      Thanks for this. There is hope, after all, I suppose.

      i don't intend to troll

      As an extremely disappointed (in our current state of affairs) American, no offense taken.

    3. Re:only in the USA by Anonymous Coward · · Score: 0

      Haven't you heard, man?

      It's been plutocracy in its *clearest* form for quite a while now. And it's coming increasingly obvious as corps/govts start not being shy about it. Democracy? That was in ancient Greece man... Maybe it was here as well, until a long while ago...

  51. One day I'll learn to use the preview feature by YoDave · · Score: 1

    Isn't *this* protected...

  52. jail by loconet · · Score: 4, Funny

    Go directly to jail. Do not pass go. Do not collect 200 dollars. Do not tell others what you found. Let the hole be there for years. Let someone else find it and exploit it and collect 200 dollars.

    --
    [alk]
  53. Not Anonymous Enough by Anonymous Coward · · Score: 0

    "do it anonymously on Slashdot. That'll sure get their attention"

    The whole scientology affair showed us how they were willing to stand up to lawyers. Better off posting it anon to some newsgroups, or another site that allows posting through open proxies.

  54. hi by Anonymous Coward · · Score: 0

    can I have a rimjob?

    CmdrTaco

  55. Management will learn. by rice_burners_suck · · Score: 5, Insightful
    This is my personal opinion on the matter of vulnerability disclosure:

    I know that non-technical managers simply don't care how their systems work. They think in strategic and tactical terms. Buffer overflows are just an excuse why things can't get done. Managers hate those things. But there has to be a balance somewhere. Geeky technical issues cannot be ignored by managers. Granted, they don't need to personally learn the technical details. That's why they have tech guys working for them. But they need to invest the time, effort and resources into an ongoing technical systems maintenance program. This includes everything from cleaning dust out of computer chassis to maintaining security from the strategic level to the bits and bytes level. It is the technical department's duty to ensure that management understands the risks, like it or not. It is the management's responsibility to make sure the technical department is doing its job.

    In nearly all businesses today, it is necessary to be on the Internet. Being on the Internet entails certain risks. In the course of its business, the company will need to address these risks on an ongoing basis. For these reasons, it is important that all but the smallest companies refrain from outsourcing their "IT" departments.

    To make a long story short, corporate management unaware of the implications of their lack of attention to technical matters. This applies to computers as well as manufacturing processes. Since they fail to gain an understanding of the implications and since they fail to respect the technical field enough to invest the necessary time and effort into it, they should be subject to the consequences of their irresponsibility. Therefore, if you are aware of a security hole, you should do the following: Nothing. Let a black hat cracker break in, steal data and wreak havoc on their network. This is the only way they will learn.

    Want to insist on doing "the right thing?" Send an anonymous letter to the company's IT department and to their management. State that if the vulnerability is not fixed within 48 hours, it will be posted on all the public disclosure sites. Do not include any identifying information.

    1. Re:Management will learn. by GlassHeart · · Score: 1
      I know that non-technical managers simply don't care how their systems work. [...] That's why they have tech guys working for them. But they need to invest the time, effort and resources into an ongoing technical systems maintenance program.

      We don't really know how this company works, so this sort of judgement is probably premature. For one, the techies in that company have to actually understand security. That is, if a manager who received the warning email took it up with his technical person, who dismissed the threat, then the mistake is hiring the wrong idiot, not ignoring the threat. Secondly, the techies have to fight for what they think is right. Good security, like any process, costs money and requires advocates arguing for its necessity inside any budget-conscious organization. That is, the failure may be a techie's failure to communicate the need properly to management.

      Now, I'm not saying I know what really happened at all, just that techies have corresponding responsibilities, too, and that we don't know what really happened.

    2. Re:Management will learn. by Esion+Modnar · · Score: 1
      if you are aware of a security hole, you should do the following: Nothing.

      I myself knew of a vulnerability of using Powerbroker within an environment using NIS and NFS, but I never revealed it to management, since there was nothing they could do anyhow, other than move everything away from NIS, or get rid of PB. Since neither was an option, telling them this would only have annoyed them. Also, I did not want them to shoot the messenger.

      --

      They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
    3. Re:Management will learn. by OeLeWaPpErKe · · Score: 1

      You don't understand the problem. 99,9% of it "tech" people are incompetent (at least in the sense that they cannot fix a security hole themselves).

      So the manager tells tech guy X to fix the problem. Only he cannot, he has no idea how. Now what's the manager supposed to do ? Fire him and hire another ? With 99,9% incompetence in the candidates that he would find acceptable, that would be a stupid thing to do.

      (btw if they do try to fix it, the real nightmare starts ;-p)

    4. Re:Management will learn. by Anonymous Coward · · Score: 0

      Of course you're safely in that 0.1 percent arent you buddy?

  56. Why have... by Anonymous Coward · · Score: 0

    holes disclosed when a zero day attack is much more fun, and has LESS chance of landing you into jail?

  57. Just desserts by YetAnotherName · · Score: 1

    It looks like McDanel's ex-employers got what they deserved, in the end:

    % mozilla http://www.tornadodevelopment.com/
    ...
    The following error was encountered:
    Unable to determine IP address from host name for www.tornadodevelopment.com

    The dnsserver returned:
    Name Error: The domain name does not exist.

    Generated Mon, 18 Aug 2003 22:42:50 GMT by rosemary (squid/2.5.STABLE1)

    1. Re:Just desserts by jbottero · · Score: 1

      Not really.

      Try Torsys.com or Tems.com

      They don't use www.tornadodevelopment.com (though they own it).

    2. Re:Just desserts by SquirrelCrack · · Score: 1

      these links don't work either.....

  58. wtf this is a troll? by Anonymous Coward · · Score: 0

    morons WANdering about use of term interaction

    for the most part, that appears to mean that you sheeples read the pitch, & hopefully pull out
    yOUR wallets. that's your end of the 'interaction'.

    other possible uses for the miracles of communication we've been given:

    disempowering the unprecedented evile that is destroying the planet/population.

    how does won login/become a member?

    consult with/trust in yOUR creator. get more oxygen on yOUR brains. seek others of non-aggressive
    intentions/behaviours.

    couldn't be easier. what's blocking all this interaction/cooperation? why greed/fear based
    misinformation canpains of course.

    you NEVER hear of any corepirate deathmongers touting oxygen, even though it's the best thing for
    you/us. perhaps there's no countabull profit in it. another possibility is the overwhelming fear
    associated with knowing that a power that exceeds all known before, is in the wings/air.

    we're in crisis mode. the lights are coming up. pay attention (to the weather for example). it's
    affordable, & tends to help prevent being misled further.

  59. Capitalism thwarted by Piquan · · Score: 4, Informative

    For capitalism to work, it requires consumers to be able to make informed choices about the goods and services they purchase. By criminalizing the distribution of security information, the federal courts are preventing consumers from making truly informed decisions regarding security, which is arguably an important element of a purchase decision. If it were not, then why would Tornado be so miffed? Two end results, if this decision runs its course. First, security will fall through the floor as companies realize that they do not need to invest in it to get customers. Second, consumers will only be able to choose based on who presents the best front; advertising wins. I'm fine with advertising, but it should not replace informed discourse in the marketplace.

    1. Re:Capitalism thwarted by JoeBuck · · Score: 1

      The kind of capitalism you describe is tought in college economics courses. There's not much of it in real life. Many buyers, many sellers, full information. In this "perfect competition" situation, profit drops to zero as things reach equilibrium. This is not the situation we have in the US. Instead, we have monopolies and colluding ogliopolies, to make sure there's enough profit to pay off the politicians who draw up the rules to protect their contributors.

    2. Re:Capitalism thwarted by Piquan · · Score: 1

      Oh, I realize that I'm idealizing here. But that still doesn't make me any less pissed when we move away from it.

      Besides, the "threat to capitalism" argument is great for swaying political opinion.

    3. Re:Capitalism thwarted by OeLeWaPpErKe · · Score: 1

      It's called advertising. Causing uninformed decisions (preferably rash decisions). Our economy is based on it.

      I wouldn't take that factor out, or some people will get VERY angry.

    4. Re:Capitalism thwarted by Piquan · · Score: 1

      Yes, from my post: advertising wins. I'm fine with advertising, but it should not replace informed discourse in the marketplace.

      I'm not advocating removing advertising as a factor, but I do not want it to be the only factor.

    5. Re:Capitalism thwarted by Anonymous Coward · · Score: 0

      Of course there is not much capitalism in the US in real life, everyone outside know that you only claim to be capitalist, just like you just claim to have free speach.

      The Soviet Union were more capitalist than you guys, and Iraq had more freedom of speach.

  60. Not freakin' funny! by No+Such+Agency · · Score: 0, Offtopic

    Joking about prison rape is the same as joking about some woman being raped on the street. Period. That is all.

    --
    Freedom: "I won't!"
    1. Re:Not freakin' funny! by Anonymous Coward · · Score: 0

      Everything's funny from the right perspective. It sounds like you're trying to put boundaries on free speech based on what you consider "good taste", which is pretty stupid.

    2. Re:Not freakin' funny! by Xerithane · · Score: 1

      Joking about prison rape is the same as joking about some woman being raped on the street. Period. That is all.

      No, it's not the same. It's joking about a man raping another man. In prison. Not a man raping a woman on a street. See how that's different?

      And it is funny. You just need to listen to George Carlin more.

      --
      Dacels Jewelers can't be trusted.
    3. Re:Not freakin' funny! by Anonymous Coward · · Score: 0

      Free speach is about having the right to discuss any matter without boundaries. Shouting out inane comments during such a discussion is what is pretty stupid.

      Yes, everything has humour to it, but this fellow is going to jail, which isn't funny at all. Have some perspective and appreciate that this guy was doing what he believed was morally correct: alerting the population (of users) that their vendor was not supplying the service they advertised--indeed, actively ignored internal recommendations to fix said issues.

      Following orders is not good enough for citizens in a free society. We must obey our moral duties to our fellow citizens lest we let corporate intentions become our only morality. It is a shame on us that we protect those that have illegally mislead the public and jail the one who tried to correct that situation.

    4. Re:Not freakin' funny! by Anonymous Coward · · Score: 0

      For those of us who behave themselves and don't go to the pokey, it IS funny.
      I WANT miscreants to bite the pillow. Often.
      Prison is supposed to PUNISH.

    5. Re:Not freakin' funny! by Geek+of+Tech · · Score: 1
      One person hurting another isn't funny no matter the person, setting, gender, age or ethnic group. What it comes down to is that we are all human, and that none deserves to be senselessly hurt. Whether they did something wrong or not, it is still cruel. Is it okay for someone to get hurt if they haven't done anything wrong? So why should it be okay if someone has? We gotta grow up. Realize that even criminals are people.

      --
      Stop the Slashdot effect! Don't read the articles!
    6. Re:Not freakin' funny! by CrowScape · · Score: 1

      One person hurting another isn't funny no matter the person, setting, gender, age or ethnic group.

      The Three Stooges disproved that statement long ago. And if it's not okay for people to be hurt if they do something wrong, go complain to the designer of our nervous system, as that's one of the functions of pain.

      --
      common sense: noun
      What those who are ignorant of the subject matter think; usually wrong.
    7. Re:Not freakin' funny! by Anonymous Coward · · Score: 0

      Joking about prison rape is the same as joking about some woman being raped on the street. Period. That is all.

      No it isn't, not at all. Most people who go to prison do so because they hurt another person, while a woman being raped on the street is guilty of nothing but inciting some sicko's fantasy. If you're going to do the crime you might as well learn to enjoy the time. Bendover class starts Sept. 10, I hope to see you there.

    8. Re:Not freakin' funny! by Xerithane · · Score: 1

      One person hurting another isn't funny no matter the person, setting, gender, age or ethnic group.

      That's your opinion, and you are entitled to it.

      What it comes down to is that we are all human, and that none deserves to be senselessly hurt.

      Really? What page is that on in the Book of Life?

      Life isn't fair. Life is funny. You can joke about anything, it's just the delivery that matters. The joke that started this whole thing was funny, unless it's you.

      --
      Dacels Jewelers can't be trusted.
  61. hi I want to inform you by Anonymous Coward · · Score: 0

    of a new wabsite

    www.goatse.info

    thanks you and great a have day

  62. As Usual, The Morons Dominate The Posts by Master+of+Transhuman · · Score: 4, Insightful

    They complain that the editorial says this might cause a reduction in posts to Bugtraq, and this might not be true. So what? It could equally BE true. You don't know, so how is that a valid criticism of the editorial?

    The morons complain that the guy "spammed" the ISP's customers. He sent ONE email, staggered out over three days to different people, so he wouldn't overload the email servers. Sounds responsible to me. How much spam do these customers get from Tornado anyway? You don't know, do you? I get spam from Yahoo occasionally just because I have SBC DSL.

    They complain he was "irresponsible" because he didn't use "other channels". Like what? If he posts it ANYWHERE in public, he gets hit with the same charge. What PRIVATE channels are there that would work if talking directly to the ISP management did not work? Does he call Ahh-nold and get him to pressure the ISP?

    Face it, you right-wing, statist-worshipping geek pussies. The guy did the right thing. HE BLEW THE WHISTLE. The government did the wrong thing. THEY PUT HIM IN JAIL FOR WHISTLE-BLOWING.

    Now fuck off.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    1. Re:As Usual, The Morons Dominate The Posts by Anonymous Coward · · Score: 0

      >>"Face it, you right-wing, statist-worshipping geek pussies"

      That is guaranteed to get you to +5 by the Stalin worshipping collectivists here.

    2. Re:As Usual, The Morons Dominate The Posts by Anonymous Coward · · Score: 0

      Rate up. Poster actually understands the situation before posting. If you do not believe in the value of free speech, you may find the above post offensive.

    3. Re:As Usual, The Morons Dominate The Posts by werdna · · Score: 1

      The morons complain that the guy "spammed" the ISP's customers. He sent ONE email . . .

      If you are correct, he would have an excellent defense. That is, if you are correct.

      If he posts it ANYWHERE in public, he gets hit with the same charge.

      Think so? Have you read the information (criminal complaint)? What law do you think he is alleged to have broken?

      I agree with you -- if the facts are as our colleagues have reported, the government will have no play at all in sticking our client with criminal charges. Proof beyond a reasonable doube will be nigh impossible, and the elements of no known computer crime statute is implicated.

      This suggests to me that the account we have seen thus far is, well, incomplete.

    4. Re:As Usual, The Morons Dominate The Posts by Anonymous Coward · · Score: 0

      Well put!

  63. What an amateur by retro128 · · Score: 4, Funny

    Everyone knows that the best way to let a company know about a security hole is to write a worm that exploits it and release it into the wild.

    --
    -R
  64. Accountability ? by Reefa · · Score: 2, Insightful

    It was definetly not a very bright thing to do, but I dont think keeping quite about it would be the right thing either. Maybe like some other poster stated, it might have been better if he posted something about it on BugTraq (or similar).

    I see this guy as a whistle-blower, who like most other wistle-blowers, got screwed (In his case the Government and inmates did the screwing).

    Also when will software companies start being held accountable for this kinda crap. Its about time the government stops making examples of people like Mr. McDanels and starts makeing examples of corporations.

  65. Better stop all that Microsoft bashing on Slashdot by Anonymous Coward · · Score: 1, Funny

    From the Article:
    "The applicable language in the Computer Fraud and Abuse Act make it a crime to "knowingly cause the transmission of information and as a result of such conduct, intentionally cause any impairment to the integrity or availability of data, a program, a system, or information without authorization."

    If I am interpreting that correctly, would I be guilty of a federal crime if I send out a mass email that said "OMG, Windows F%^&ing sucks. It just crashed and I lost all my work!!" I am after all intentially try to damage the integrety of a program right?

  66. Perverse Incentive, AKA Reward the Black hats by Erik_the_Awful · · Score: 5, Insightful

    The government's actions (in this case) provides electronic security professionals (and "crackers" if you prefer) with a "perverse incentive."

    "Why Information Security is Hard - An Economic Perspective."
    http://www.acsac.org/2001/abstracts /thu-1530-b-and erson.html

    "In a survey of fraud against autoteller machines [4], it was found that the patterns of fraud depended on who was liable for them. In the USA, if a customer disputed a transaction, the onus was on the bank to prove that the customer was mistaken or lying; this gave US banks a motive to protect their systems properly. But in Britain, Norway and the Netherlands, the burden of proof lay on the customer: the bank was right unless the customer could prove it wrong. Since this was almost impossible, the banks in these countries became careless. Eventually, epidemics of fraud demolish their complacency. US banks, meanwhile, suffered much less fraud; although they actually spent less money on security then their European counterparts, they spent it more effectively [4]."

    If the government's goal is a more secure Internet, the government should encourage actions via incentive that result in more secure systems. It is clear that if Bret McDanel had not informed Tornado Development's customers of the security problem, Tornado would have done nothing to repair it.

    If you subscribe to Ross Anderson's theories, the government's actions provide incentive for security technicians to take the following actions on the discovery of a security vulnerability:

    1. Don't talk or write about it without obscuring the publishers identity.
    2. Exploit the vulnerability for personal gain.

    Heavy handed prosecution of people like Bret McDanel will lead to a less secure internet.

  67. Re:What about home security cameras? by EvanED · · Score: 1

    That's still legal however, assuming you can get the list of customers legally.

  68. Excuse me sir, but I notice that. . . by kfg · · Score: 4, Interesting

    you're using the system password as part of your data security on your Win98 box.

    Did you know that the entire password system can be aborted by simply hitting escape?

    Have I just commited a federal crime, and if so, why?

    KFG

    1. Re: Excuse me sir, but I notice that. . . by Black+Parrot · · Score: 1


      > you're using the system password as part of your data security on your Win98 box.

      > Did you know that the entire password system can be aborted by simply hitting escape?

      > Have I just commited a federal crime, and if so, why?

      Yes. Because as the USA is increasingly being operated as one big cream-skimming process that's driving our laws, infrastructure, and economy toward something you'd expect to find in a third-world nation fifty years ago, shooting the messenger is becoming the norm: failure to see the emperor's new clothes has become criminalized.

      --
      Sheesh, evil *and* a jerk. -- Jade
  69. i see... by fuckfuck101 · · Score: 0

    i`ll take this story as advice from slashdot to exploit holes that i find instead of reporting them.

    Thank You SlashDot!
    ("see you in court")

    --
    Comment: Yes I realise the username 'fuckfuck101' makes me sound intelligent, no you cannot buy it from me.
  70. Wait for it. Wait for it. by Anonymous Coward · · Score: 0

    In Soviet Russia, you don't report security holes. The security holes report you!

  71. So, in other words by mhesseltine · · Score: 1

    1. Create object with hole
    2. Sell object
    3. Profit

    The mystery is solved! Thank you! All further 1, 2, n, n+1 Profit jokes are now obsolete.

    --
    Overrated / Underrated : Moderation :: Anonymous Coward : Posting
    1. Re:So, in other words by Anonymous Coward · · Score: 0

      Thank god

    2. Re:So, in other words by Lord+Prox · · Score: 4, Funny

      All further 1, 2, n, n+1 Profit jokes are now obsolete.

      Not quite...

      4. Sell next version w/fix and new holes
      5. Profit (Again)
      6. Repeat as needed.


      This post is an attempt at humor. If you are lacking in humor and have mod points please see parent post.

    3. Re:So, in other words by uberdave · · Score: 1

      Well, it worked for Tim Horton's, Krispy Kreme, et al.

    4. Re:So, in other words by Anonymous Coward · · Score: 0

      Tim Hortons? Who's that? Are you German or something?

  72. Re:Scared corparations and governments kill the go by General+Fault · · Score: 2, Insightful

    "Under the theory articulated by the government, the transmission of any information that can be used by others to impair the integrity of a computer system (or cause loss of reputation) if done without authorization (and who would authorize it?) is a federal crime."

    I have several college profs that taught me how a hash table works. I also have a couple of math teachers that taught me all about prime numbers. Then I read a book or two on how to build some basic encryption routines. Now, should these people go to jail because they have given me what I need (assuming I am smart enough to do something with it) to crack any security software? How about if I threaten to use this information to take advantage of some security hole? Where does it stop?

    --
    No man is an island... But I wouldn't mind having a bigger moat.
  73. Re:right to bear arms by bobv-pillars-net · · Score: 1
    America strikes me as a very odd country. There, you have a right to bear arms, based on the revolution against the government sometime ago.
    Provided, of course:
    • You have met the multitudinous requirements of the federal gun-licensing laws
    • Your license application is approved
    • You wait up to six months before purchase
    • You buy the gun from a federally licensed gun dealer
    • The gun is an approved type for your area, social status, and political affiliation
    • You wait up to three more days between purchase and receipt
    • You don't live in New York City, where gun-owners were required to first register, then surrender their guns.
    • You don't fire your gun within the limits of an inhabited city
    • You don't carry your gun on federal property, near a school, in your car, or in any other restricted area.
    • You surrender your gun when so demanded by a representative of any governmental authority.

    Sounds like it's high time for another revolution.

    --
    The Web is like Usenet, but
    the elephants are untrained.
  74. The sky is falling! by Cranx · · Score: 0, Troll

    Heaven forbid anyone should be held accountable for irresponsibly reporting an exploit! He did those customers a favor, yeah!

    1. Re:The sky is falling! by Cranx · · Score: 0, Offtopic

      Troll? Oh, did the thought police catch me not having a community-approved thought?

  75. What if this extended to cars? by erroneus · · Score: 2, Insightful

    Consider the possible outcomes. Let's say some on-board digital electronic unit within a popular automobile contained some sort of flaw that could ultimately result in accident, injury or even death. Given than the manufacturer was informed and failed to issue a recall, if someone decided to tell everyone potentially affected by this flaw, do you think it would be moral for the whistleblower to be sent to prison?

    I hardly think so. In this case, it's something far less "deadly." It's only privacy (something 'they' don't want us to have anyway) and potentially identity fraud and theft. These are growing into huge issues.

    According to the article, the man has already served his time but he wants his conviction reversed. I believe justice should be served by reversing this conviction... and in the future possibly preventing any such "backlash" from companies in the future for "felony embarassment."

  76. Freenet/Frost are designed for this sort of thing. by Sphere1952 · · Score: 1

    If you're going to post something anonymously then you really ought to use an anonymous network.

    http://freenet.sourceforge.net/

    http://jtcfrost.sourceforge.net/index.html

    --
    Big Brother Bush is doubleplus ungood.
  77. What about 2600 by Battle_Ratt · · Score: 1

    After reading the article, I can't help but wonder if this ruling essentially makes the publication of 2600 Illegal.
    The US may have started out founded on freedom, but it appears that is has since turned its back on those principals

  78. But he was an ex-employee by Paul+Slocum · · Score: 1

    I get the impression he had much more intimate access to Tornado's system than an outside user. It's one thing for an outside user to discover a bug -- then you know anyone could discover and exploit it. But what if the bug was very difficult to discover from the outside?

    Shouldn't the company (not an ex-employee) gauge the risk of an outsider discovering the bug? And the company can take the consequences if it does blow up.

    -Paul

  79. Why disclose after severing employment? by BurKaZoiD · · Score: 1

    Dissatisfied with the pace at which Tornado addressed the issue [...], McDanel severed his employment with them, and went to work for another company.

    There is no way in hell I'd risk my future after I'd severed my employment with the company in question. As far as I would be concerned, it's too damn bad. They knew about the risk, they did little to nothing to address it, so they're obviously willing to accept the risk of an actual compromise from a third party happening. I'm not risking a jail term, or especially a possible felony charge! You get convicted of a felony, your job prospects have just been cut to about 10% of what they were previously.

    1. Re:Why disclose after severing employment? by metachimp · · Score: 1

      Yeah, but with the job prospects out there, 10% of of zero is zero. Nothing to lose, man. Nothing to lose.

      --
      The system has failed you, don't fail yourself. --Billy Bragg
  80. Tornado deleting his mail to their customers by billstewart · · Score: 1
    I agree that Tornado may have violated one of the laws, such as the ECPA, that protect the privacy of email. I'm not a lawyer, and all I know of the facts of the case are from the articles referenced above, but if they actually read and deleted the mails (as opposed to blocking new incoming mails), there may be some problems.

    The government has gotten some judges to agree to bogus interpretations of when the law applies to "intercepting" email - mail sitting in a user's mailbox has gotten less protection than mail in transit, letting government snoops off the hook, so perhaps Tornado's actions aren't illegal, but they're still reprehensible.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  81. What the...? by LordLucless · · Score: 4, Insightful

    From the article: The government argued that the message was incorrect, useful to would-be attackers...

    How can it be wrong and useful to attackers? Man, the prosecution lawyers must have had fun with that one:

    "Your Honour, the security flaw described here does not exist. You can see how dangerous it would be for hackers to know about this non-existent flaw."

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  82. George Carlin said it best by Overly+Critical+Guy · · Score: 1

    "They'll say, 'You can't joke about rape. Rape's not funny.' I can prove to you that rape is funny. Picture Porky Pig raping Elmer Fudd. See? Hey, why do you think they call him Porky?"

    --George Carlin

    --
    "Sufferin' succotash."
  83. Yeah, it's a bad law, but, by gillbates · · Score: 1
    Quite frankly, who cares? If it is illegal to disclose a security flaw to the public, then I can't be held liable for system insecurity. Because it is illegal to publish security vulnerabilities, a sysadmin can no longer be responsible for system security - for to do so would involve possession of illegal information .

    Yeah, this is bad for end users. But, as Microsoft's popularity has shown, the general public cares more about being able to play multimedia than about system security. It won't be until ID theft becomes widespread that people will get serious.

    Ultimately, I think people ultimately get the security they deserve. If they don't want to know about system holes, let them get hacked I say. It would do us all a favor.

    --
    The society for a thought-free internet welcomes you.
  84. No evidence that he broke the law by billstewart · · Score: 1
    The company got the prosecutors to come up with some totally bogus interpretation of an existing law. The original law was about doing computerized attacks on computers (e.g. viruses, cracking, password cracking, etc.), and they twisted it to say that by sending email to the customers, he was USING A COMPUTER to violate the security.

    Now, this *is* a US-insane kind of thing to do, and he could have been more subtle.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  85. damned if you do, damned if you don't . . . by tinypillar · · Score: 0

    I remember the looks I got when I showed the logs of my warwalking around a buidling I worked in. Instead of, wow, thanks for letting us know we are broadcasting, I got looks of, great, what did you DO? Totally suspcious. Now I don't say anything . . it's too risky.

  86. Read the case, not SecurityFocus by mackman · · Score: 1

    He was arrested primarily for spamming, not hacking.

    http://www.cybercrime.gov/mcdanelSent.htm

    Computer Spammer Sentenced To Federal Prison

    A former Southern California man who maliciously bombarded the computer system of an El Segundo computer messaging company with thousands of email messages was sentenced today to 16 months in federal prison.

    Bret McDanel, who used the moniker "Secret Squirrel" and is now a 30-year-old resident of Fiddletown, California, was sentenced for his conviction on a federal charge of maliciously sending thousands of email messages in September 2000 to a computer server operated by Tornado Development, Inc., formerly located in El Segundo. McDanel was sentenced by United States District Judge Lourdes G. Baird, who presided over McDanel's trial last year and found that he acted with the intent to cause damage to Tornado's email server.

    In addition to the prison term, Judge Baird ordered McDanel to submit to unannounced searches of his computers, to advise future employers about this conviction and computer-related federal criminal charges now pending in New Jersey, and to receive psychological counseling.

    The evidence presented during the bench trial showed that McDanel, who worked at Tornado from June 1999 until February 2000, committed the crime to retaliate against Tornado (Tornado folded in the fall of 2002). The prosecutors argued to Judge Baird that McDanel harbored resentment against his former employer and that he planned to start a competitor messaging company.

    McDanel sent thousands of email messages and overloaded the Tornado computer server. Additionally, the emails he sent contained a link to a web site he had created where he revealed confidential information about Tornado technology that McDanel had learned while employed there.

    During the trial, the government also presented evidence that McDanel had attacked the computer system of another former employer in New Jersey in 1997. McDanel was indicted in September 2002 in New Jersey in connection with the alleged 1997 conduct.

    This was the first case to go to trial in Los Angeles brought under the "Computer Fraud and Abuse Act," the federal statute covering computer abuse and malicious spamming.

    This case is the result of an investigation by the Federal Bureau of Investigation.

    CONTACT: Assistant United States Attorney Pamela L. Johnston (213) 894-2686

    Assistant United States Attorney Jeremy D. Matz (213) 894-0649

    Release No. 03-51

    1. Re:Read the case, not SecurityFocus by Anonymous Coward · · Score: 0

      Umm, that's not the case. That's the government's press release.

      The case is in a PDF file here, and it backs up the SecurityFocus article.

  87. "...'impaired the integrity' of the affected ..." by Coreigh · · Score: 0

    That argument is akin to saying "It was the highway barricades that impaired the integrity of the highway, not the collapsed bridge!"

    Admittedly the guy who found and posted the exploit was overzealous and even foolish about his proof of concept.

    But COME ON! The flaw in the software is the integrity problem not the guy trying alert potential victims.

    --



    "Waitress I need two more boat-drinks..."
  88. It's now xmsg.com. by texchanchan · · Score: 1

    Someone else, whose comment has disappeared, mentioned that tornadodevelopment.com is down. Another person said that the company now uses torsys.com and tems.com. These both redirect to xmsg.com, if you're curious about what the company actually produces. The xmsg faq does not include questions about email security nor about the politics of the McDanel case.

    The owner of Tornado Development also owns a completely unrelated site. Excerpt: "Vintage Trends, Inc. was created to be the leading web-based distributor of vintage, military, recycled and designer clothing and accessories....Advanced technology and security encryption standards create a highly organized, remarkably efficient and aesthetically pleasing format for fast, convenient and secure shopping."

    You can read the McDanel appeal in HTML format here.

  89. lol. typical us justice system by Anonymous Coward · · Score: 0

    btw: the us is only one of 3 un member countries that still executes minors. dont believe me? look up amnesty international.
    am i us bashing? not really. but when a country claims to be the greatest in the world they should live up to it.
    hard to belive that such a technolgically advanced country, with openly stated ideals about freedom, could have such a repressive, and ignorant justice system.
    hey, arent your judges elected? Anybody who does not like this decision should make sure that corporate account rep of a judge should not even be able to run for dog catcher next time around. btw, it mentioned that tornado had deleted customer emails. isnt tampering with mail a felony in the us? dollars to doughnut the company did not face any such charges. they are also guilty of mismanagement (only rich ppl use this charge however), and malicious prosecution, which should also net some punitive action on the overzealous prosecutor, who misused.

    caveat: the article posted may not tell the whole story, like bad blood, etc between the said felon and his former employer, ie journalists often (gasp) twist and omit things.
    2 note to dude in prison, lyrics from tupac song: whatcha gonna do when you get outta jail? I'm gonna buy me a gu-un...

  90. RTFA Troll by Anonymous Coward · · Score: 0

    He was prosecuted under this law

    http://www4.law.cornell.edu/uscode/18/1030.html

    Passed in 1996. Signed into law by Bill Clinton

    1. Re:RTFA Troll by Anonymous Coward · · Score: 0

      oh is was wing B of the big money party ... apologies ...

      I guess you take this as a reason to vote for wing A ?

  91. Publicity is needed in order to correct that by justsomebody · · Score: 2, Insightful

    Well, that kind of exaggerating would be preferable to anybody. The bigger the case, the more stupid this law would look in public.

    But major case is really needed in that part, otherwise, lonely suckers will just get screwed.

    --
    Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
  92. Tornado Development by Anonymous Coward · · Score: 0

    As a former employee of Tornado Development, i can tell you that security in it's application was not a priority.

    The developers, system administrators and the dbas all told 'the mgmt' about the security issues, but they didn't bother to listen.

    Tornado is now out of business if that tells you anything.

  93. Stockholders? by Anonymous Coward · · Score: 0

    I'm trying to think about what I would do in this situation. On one hand you have informed the management of the situation, so your hands are clean. On the other hand, I would not feel right saying "screw it let'em get hacked", because it is the customer's data that is at risk, not the company's.

    Doing what he did was obviously asking for trouble, but it would be nice to have someway to put more pressure on the company.

    I wonder what effect it would have if you gave the primary stockholders this information (anonymously of course).

  94. Easter philosophy is bullshit. by Anonymous Coward · · Score: 0

    God damned hippy programmers. Some dip shit from the east spouts something cryptic and you, because you're high on dope, think it's wise.

    All eastern philosphy is a bunch of shit that only fucking dope-smoking hippies and easterners can stomach.

  95. Let's think about this... by Geek+of+Tech · · Score: 1
    The applicable language in the Computer Fraud and Abuse Act make it a crime to "knowingly cause the transmission of information and as a result of such conduct, intentionally cause any impairment to the integrity or availability of data, a program, a system, or information without authorization."

    integrity -
    1. Steadfast adherence to a strict moral or ethical code.
    2. The state of being unimpaired; soundness.
    3. The quality or condition of being whole or undivided; completeness.

    No, if the vulnerability existed, I don't see how there could have been any integrity in the first place.

    Also, I'm no lawyer, didn't they give up the ability to prosecute when they found out a problem existed, but did not may any attempt to correct it? Didn't he do the same thing as reporting neglect?

    --
    Stop the Slashdot effect! Don't read the articles!
    1. Re:Let's think about this... by Anonymous Coward · · Score: 0

      In a legal dictionary (Blacks for instnace) integrity refers basically to reputation. That is what they used for their definition.

      By saying that the system was insecure he impaired the integrity/reputation of the company in the minds of the customers. Infact one of the top execs said in trial 'it was a pr nightmare' (he was the guy who originally coded the system so he was also somewhat technical).

      The vunerability was real, that was testified to, the vunerability had a fix written and tested for 8 months (less than 24 hours after it was submitted to the bug tracking system it was written and tested, Jan 13 2000 - in Aug 31 the first email was sent). There were emails from company employees about the web site BEFORE the first emails were sent, they knew about the site, they knew about the problem, they had a fix. They still did nothing.

  96. Re:Scared corparations and governments kill the go by Mr.+Arbusto · · Score: 1
    Isn't this going a little too far. I thought a suggestion box was always welcome, or even a public message board where people could leave suggestions was A Good Thing(TM).

    Didn't you hear? She is going to jail too. :)

  97. FACT by Anonymous Coward · · Score: 0

    Someone exploiting a security hole must be a terrorist.

    Someone who talks to a terrorist must also be a terrorist.

    1. Re:FACT by Anonymous Coward · · Score: 0

      Does it have to be a security hole, or can exploiting any hole make you a terrorist?

      Wait a second, we're back to the bad rape jokes. Sorry folks.

  98. Re:right to bear arms by GlassUser · · Score: 1

    Dunno what state you live in. Here in Texas, I decided I wanted a gun (I had reason to believe my life might be in danger - there was a string of burglaries of my neighbors, and my car). I walked over to the pawn shop, plopped down $90 in cash, got an automatic handgun, and walked home with it. Took about half an hour (counting walking). Not too hard is it?

  99. Keep Quiet? How about tell the right people? by KalvinB · · Score: 1, Flamebait

    "So if you find problems, the best practice is to keep quiet about it."

    No, the best practice is to ask permission of those in charge before doing security checks and then to tell those in charge about the flaws you find.

    It's moronic to break in without permission and then tell everyone about it. Especially those who can't even do anything to correct the situation.

    What do you think would happen if you broke into your neighbor's house and then informed everyone on the block how you got past his security?

    The guy is rightfully going to jail because he's a moron.

    If you want to check your neighbor's security, you ASK YOUR NEIGHBOR and then TELL YOUR NEIGHBOR what weaknesses you found.

    The moron in this story, didn't ask permission and then scared off customers. It's not his job to check security and then report to the world the results of his unauthorized tests.

    Duh. It's amazing how many otherwise intelligent people can be so braindead.

    Ben

  100. Send the good folks to jail - very sick funny ... by OldHawk777 · · Score: 1

    Dumb (Altruist), Dumber (Prosecutors, Judges/Juries), Dumbest (Parochial Enforcers and Politicians), Dummies (others that see any justice in these actions); Therefor, the laws work, people feel safer, and justice is absent.

    Altruistic activities will not go unpunished in a Capitalist Republic.

    The type of behavior displayed by the Altruist (Dumb) is as un-American (Anti-Capitalist) as OSS, FSF, RMS, .... So, what should we expect from a failing Capitalist Republic legal and governing system managed by Capitalist Feudal lords (including the you get what you paid for supporting politicians) of the economy maintaining the good profitable ways in opposition to the potential instabilities caused by the evolving new Collaborative Community Consensus dynamics. Oh well human history proves: "Shit Happens and Things Change", pretentious fools will always become the oppressive tyrants before achieving their anachronistic place in history, and best of all humanity as a community gets better and achieves more with less oppressive religion and government.

    Next step real & true separation of business, church, and state. Humanity governs much better without greed, lies, flimflam scam, ....

    I suspect, that in today's climate of escalating totalitarianism in EU and US that if the hacker that wrote the Anti-Worm for the Slammer virus is ever identified ... they should expect arrest and significant prison time. Dang good proven concept to administer an active anti-virus medication, maybe Norton will take the credit; So, the real hero won't get in trouble. Yep, they deserve a Presidential Freedom Medal, but I ain't the G.W.Bush. Oh, Yea, THANKS MUCH Anti-Worm ... wherever you are, whoever you are, and however you got to be who you are (THE STARS!).

    Who in the Global Community will be the next hero to follow RMS, PZ, LT, Anti-Worm, ... and the many others of the REAL salient silent majority in the world working for humanity ... GBYA.

    OldHawk777

    Reality is a self-induced hallucination.

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  101. Re:Scared corparations and governments kill the go by Anonymous Coward · · Score: 0

    Basically, the Act defines speech as conduct ("knowingly cause the transmission of information" == speech) and thus spits on the U.S. Constitution (1st Amendment, Right to Free Speech). The judge(s) and the prosecutor(s) in this case should be thrown in prison.

  102. Convicted for spamming not for the bug report by sustik · · Score: 2, Informative

    The following tidbits were turned up by a little search on the web.

    The FBI says that: "COMPUTER SPAMMER SENTENCED TO FEDERAL PRISON". Yes, they advertise the conviction of Bret McDanel as a spammer sent to jail:
    http://www.fbi.gov/fieldnews/march/la032503 .htm

    The San-Diego union tribune(?) writes that:
    "Prosecutors allege that McDanel hacked into his former employer's server and sent thousands of e-mail messages at practically the same time, forcing the company to shut down its computer system in August and September 2000." Link:
    http://www.signonsandiego.com/news/business /200206 12-9999_1b12hacker.html

    In the FBI note there was no mention of the security bug at all they said:
    "Additionally, the emails he sent contained a link to a web site he had created where he revealed confidential information about Tornado technology that McDanel had learned while employed there."

    Now that is such a selective disclosure of information that I am inclined to equate it with telling an untruth. (Just like printing that some John Doe killed several people in 1967 in he is still not behind bars, omitting that he was acting in war...)

    What alarms me that he was found guilty on spamming charges which damaged the mail server while that seems not to be the basis of his ex-employers discontent. I guess the prosecutor was not interested in bringing out the truth but rather just have a conviction based on the "Computer Fraud and Abuse Act" on his resume.

    Note that the company (Tornado) went out of business.

    1. Re:Convicted for spamming not for the bug report by Anonymous Coward · · Score: 0

      What is interesting is that the prosecutor said in trial that if McDanel said 'have a nice day' or 'Tornado is great' then he wouldnt have been charged. Along with other things said by both prosecutors its clear that the charge, trial and conviction was because of WHAT he said not how he said it.

    2. Re:Convicted for spamming not for the bug report by DNS-and-BIND · · Score: 5, Interesting
      I can confirm that Bret McDanel is no hero. He's actually quite an asshole. The kind of guy who spits out a nasty insult about reading the man page when you ask him how to set up a VPN so you can help a customer. He seemed to really enjoy carrying grudges against people. I had the distinct displeasure of working with him at Tornado, I was the on-duty sysadmin when the attack occurred, and I was one of the witnesses at the trial against him.

      Bret was not prosecuted for revealing a security vulnerability. He was prosecuted for DOS'ing our server. He sent 14,000 emails to our system, and it overloaded and stopped accepting mail. He did this several times, and knew it overloaded the system when he did it, and knew the FBI had been called after the first time, so nobody needs to feel sorry for him. Holding him up as a martyr or hero is just asinine, but it speaks volumes about how our media works these days.

      Of course, there's plenty of culpability to go around...the main server was a Sun Enterprise 4500 with 4x450 CPU and 4Gb RAM. A machine like that should swallow 14,000 emails without a trace. Of course, Tornado's brain-dead custom system implementation meant that every single incoming email spawned off an SQL script to take the message apart and inject it into the database, and a shell process to control the SQL script. The system load went over 100. I had to write a script to kill off all the processes. Since the load was so high, sendmail stopped accepting incoming mail and the rest of the spam piled up on the backup server, where it was rm'd. So, it was Bret's fault for spamming us, but it was Tornado's fault for such a painfully bad email processing method. This actually raises the most interesting question of all, is it a crime to knock down a system that was incompetently implemented?

      Of course, the email system was not the only part of the system that was breakable...we had system outages several times a week from different causes, and really, the Bret thing was not that bad, being in that it was easily identifiable and fixable.

      Another fun thing was that Tornado initially claimed $300,000 in losses from the incident. This is important because the FBI will not get involved with anything under $50,000. This figure was later reduced (much, much later) to $9,000. Oh yeah, what else...Tornado's great email implementation also meant that we had to run an open relay, which was frequently abused. We sent out hundreds of thousands of nigerian bank account emails. A manager who took a stand and turned off the relaying one weekend was demoted and ultimately fired. Basically Tornado was a bunch of Windows developers who couldn't use Windows to implement their custom email/fax/paging application because Windows wouldn't scale to the sizes they needed. So they had to use Unix, and they didn't know anything about Unix, and they made just about all of the predictable errors that the ignorant make.

      In conclusion, it's scary that every time this story comes up, there's a different (wrong) angle on it.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    3. Re:Convicted for spamming not for the bug report by Anonymous Coward · · Score: 0

      I can confirm that Bret McDanel is no hero. He's actually quite an asshole. The kind of guy who spits out a nasty insult about reading the man page when you ask him how to set up a VPN so you can help a customer. He seemed to really enjoy carrying grudges against people.

      So, in this case, the Obligatory Prison Rape Joke is not only funny but appropriate?

    4. Re:Convicted for spamming not for the bug report by Marc2k · · Score: 1

      "This actually raises the most interesting question of all, is it a crime to knock down a system that was incompetently implemented?"

      Well, ultimately, the answer is yes. Whether or not that was the focus of litigation, according to your story, that's what actually happened. If that's what actually happened, he WAS convicted for toppling a system already teetering on the precipice.

      --
      --- What
    5. Re:Convicted for spamming not for the bug report by obi · · Score: 2, Insightful

      Well, people shouldn't have to go to jail because they're assholes.

      Okay, he sent a lot of mails. Would he have received the same sentence if he was a garden variety spammer?

      Clearly it has something to do with the content of the mail or with the intent of the "attack".

      If it disclosed some confidential information, it could be tried in a civil court I guess, if there was a confidentiality clause in his contract which was still in effect. But even then, he could be considered a whistleblower.

      The only thing that they could try him on would be his intention to use some sort of DOS attack against the mailservers, but considering he didn't use anything special (just email) it begs the question: what's the difference with a bulk-emailer. Also, if he was really trying to disclose this info to the customers, I don't think his intention was to bring down his channel of communication to them (the mailservers).

      Either way, I don't see anything that warrants jail time. I just see an incompetent ISP, and someone that's probably a bit too annoying for his own good.

    6. Re:Convicted for spamming not for the bug report by u-235-sentinel · · Score: 1

      " I can confirm that Bret McDanel is no hero. He's actually quite an asshole. "

      This may be true however the article mentioned it was 5,600 email's not 14,000. It also mentioned that it was a vulnerability he make public that he was convicted of.

      You might be right. You might be authentic. The article however says otherwise :-)

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    7. Re:Convicted for spamming not for the bug report by Fulcrum+of+Evil · · Score: 1

      Well, people shouldn't have to go to jail because they're assholes.

      Totally agree. The flip side is that people who aren't assholes can avoid jail because they don't piss the victim off enough to press charges, or they don't do something stupid and obvious, not being an asshole and all.

      The thing I find interesting is that I had originally heard that this guy was prosecuted for damaging Tornado's rep by alerting their customers. The argument was that the mere mention of a problem was enough - details weren't necessary. Now I hear that it's because he overloaded their mailswerver? The original story stated that he spread out the mailings to avoid that specifically. Which is it?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    8. Re:Convicted for spamming not for the bug report by DNS-and-BIND · · Score: 1
      The article lies. You trust the media more than you trust the man who was actually there, viewing the syslogs and working on the machine? Sad.

      There were 14,000 emails. The first hundred or so were the only ones delivered, the rest never made it through due to the system load being over 100. I rm'd the rest. If he was a garden-variety spammer, it would have just been over and done with. But he did this from his home DSL line, and he had a grudge against the company (well, he had a grudge against just about everyone he came in contact with).

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    9. Re:Convicted for spamming not for the bug report by Anonymous Coward · · Score: 0

      I was the on-duty sysadmin when the attack occurred, and I was one of the witnesses at the trial against him. The on-duty sysadmin was craig wasko. Craig wasko was a defense witness, not a witness against him. Unless you are saying there is a conspiracy between his lawyer and the prosecution so all witnesses were against him. Or you are just lying. And why would you need to set up a VPN for a customer when Tornado sold webmail? I dont know much of what you said doesnt make sense.

    10. Re:Convicted for spamming not for the bug report by u-235-sentinel · · Score: 1

      I have NO proof the man was there.

      The media lies all the time. Probably why I read slashdot (hey wait a second...) ::grinz::

      Figure it out. Slashdot messages are informative/insightful/funny but they amount to bathroom scrall when it comes to facts I can't confirm.

      Personally I don't care. If they guy was an ass then he was properly rewarded with the conviction.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    11. Re:Convicted for spamming not for the bug report by Anonymous Coward · · Score: 0

      Sounds like you have a big grudge against him, if you are infact who you claim to be. Many things that you said are not what court records say (like you being a witness *against* him, yet you were a defense witness (ie for him)).

    12. Re:Convicted for spamming not for the bug report by Anonymous Coward · · Score: 0

      Bret?

  103. Arrested, tried, convicted by mmuskratt · · Score: 1

    And he did time...at least he didn't get "Gitmo'd"

    What this man needs is money, and a solid lawyer...and even then, there is so much vague and easily abused language in our laws to make this essentially a losing effort for him. He already lost the time...no amount of money can get that back.

    Kind of late, isn't it?

    --
    man rtfm
  104. sigh by Anonymous Coward · · Score: 0

    "not" was supposed to be "now".

    I previewed! Really!!

  105. he is an idiot by spir0 · · Score: 1

    I hope he does stay in jail. I don't condone the admins at tornado not actually doing their job, but having said that, it was not McDanel's place to give all of their customers exploit info.

    What if some of them were on holiday and couldn't do anything about it?

    He could have let everybody know without giving them too much info. And yes, I'm ignoring the fact that he probably shouldn't have had a list of all those email addresses anyway.

    --
    The reason girls and Windows users don't understand UNIX is because all the documentation is in Man files.
    1. Re:he is an idiot by Anonymous Coward · · Score: 0

      He didnt have a list of the users email, the system was set up in such a way that you didnt need one.

      Further if they were away then they would read the email when they get back, hopefully by then the problem would be fixed, it is a problem on the server side of the webmail application anyway, so the users can only do a workaround until the problem is fixed (cut and paste urls instead of clicking on them - HTTP REFERER is not rocket science, nor is it proprietary).

    2. Re:he is an idiot by Anonymous Coward · · Score: 0

      In the spirit of full disclosure he gave info not only on how to exploit this (copy HTTP REFERER info - trivial) but also how to protect yourself and still use the system.

  106. Misinterrpretation by the revengeful... by thepacketmaster · · Score: 5, Interesting
    After reading the article, it seems pretty plain that the case against McDanel is flawed. They say that he "impaired the integrity" of the system. But the "impairment of integrity" was already there, it just wasn't public.

    While I don't agree with what he did, I certainly don't think he did anything illegal. Why isn't the government going after Tornado for exposing their customers to a risk that could breach the confidentiality of their emails?

    This is another example of "Security through obscurity". Someone makes a broken piece of code, doesn't want to bother to fix it, and then gets pissed off when someone forces their hand.

    If the U.S. eventually passes a law that makes software publishers liable for these flaws, there will probably be a huge backlash from sloppy programmers because it interferes with their Consitutional rights for the "Pursuit of Happiness", since they are stuck at work fixing their unsecure code.

    --

    --

    Luck is just skill you didn't know you had.

    1. Re:Misinterrpretation by the revengeful... by Anonymous Coward · · Score: 0

      actually most programmers would be really happy -- no more outsourcing since the outsource firms wont be able to obtain US government licenses to write and sign off code.

  107. Re:Keep Quiet? How about tell the right people? by Anonymous Coward · · Score: 0

    If you want to check your neighbor's security, you ASK YOUR NEIGHBOR and then TELL YOUR NEIGHBOR what weaknesses you found.



    But it wasn't his "NEIGHBOR". It was a company with confidential information that affected a lot of people.

    If you noticed your bank had a wide-open back door that led directly into their vault (where your money, along with other peoples money is stored), wouldn't you publicize the fact, if only to get then to close that door?

    Same thing here. It has been shown time and time again that companies don't care about security breaches that are 'only' potential. But you make an exploit and release it, and somehow, magically, the company becomes interested in producing a fix. Why? The publicity. Period.

  108. Do your part by jafiwam · · Score: 1

    Around my workplace there is a set of rules, rule #1 is:

    The world is a fucked up place, and people are the problem.

    #2 is:

    99.95% of people are not completely, utterly, astoundingly, stupid.

    If you are not part of rules #1 and #2 you can do something about this. (There are other rules, but would be OT.)

    Register to vote (vote or not), only registered voters are called for jury duty. When you are called up, go! Be honest, and do your part and you can torpedo this type of thing when it happens.

    EVERY time there is some fiasco like this where one guy gets thrown in (FPMITAP) jail for 16 months and the next guy HS ex-football star-rapist gets 3 months of probation there is a jury there. THEY convict the person. Not the procecutor.

    Get in there and do your moral/societal duty by particpiating in our judicial system. Judging by the news and articles I see, the cops, the lawyers, the judges, the clerks and the accused need someone that knows a little more stuff about tech stuff. In general, you may not get that trial, but you may get the next Skylarov ...

    I had the experience of spending an entire week in a DUI trial last year, and I tell you it is scary how much power the jury has, you can make a difference. We did.

    Do it.

    {Sorry if I spelled Sklarov wrong.)

  109. Re:Keep Quiet? How about tell the right people? by Catbeller · · Score: 1

    It's amazing how many braindead abusive posters don't read the article.

    He did inform his former employer. At great length. Over a long period of time, both before and after his employment terminated. The flaw was not fixed.

    The customers were mostly not scared off, because his mass-email was ERASED before the customers saw it. An amazing liberty taken with the customers' email, if you think about it. the customers never saw a message from a knowledgeable source informing them that their userids were hijackable - because it might hurt the provider's profits.

    And it doesn't matter what his job was.

    Business practice does not override the Constitution. Are we seeing the birth of a new class of crime: anti-commercial speech?

    If he had mailed it via USPS, would they have been justified in tracking down all the pieces of mail and destroying them? How about phone conversations? Are they allowed, if technologically capable, of montitoring voice communications to their customers, in case a person is telling their customers that their system is hackable? How about verbal notification? If he had turned up at a customer's door to inform them that they had an unpatched hole, would the cops then be allowed to arrest and imprison him for anti-commercial crimes?

    How about then hauling the now-informed customers into a Federal interrogation cell to sweat out the possible information the customer might have heard about their system?

    Summing up: he had a right to email the customers. He had a right to speak to the customers. Whether or not it INCONVENIENCED the company is utterly, completely, insanely irrelevant.

    The customers of the company involved, and all future customers of similarly nasty companies, are not even now aware that a basic security flaw was concealed from them because their provider did not want them to see it -- deleting their email before they read it. Where is the law for this? Can AOL or ATT delete mail at will from users' accounts because it might cost them their image or profits? Who the hell do they think they are?

    And as for a customer being able to switch providers if they don't like the censorship -- HOW THE HELL WOULD THEY KNOW THAT INFORMATION WAS BEING CENSORED FROM THEIR EMAIL? There is no informed choice without a first amendment!!

  110. Convicted for spamming not for the bug report by sustik · · Score: 5, Insightful

    The following tidbits were turned up by a little search on the web.

    The FBI says that: "COMPUTER SPAMMER SENTENCED TO FEDERAL PRISON". Yes, they advertise the conviction of Bret McDanel as a spammer sent to jail:
    http://www.fbi.gov/fieldnews/march/la032503 .htm

    The San-Diego union tribune(?) writes that:
    "Prosecutors allege that McDanel hacked into his former employer's server and sent thousands of e-mail messages at practically the same time, forcing the company to shut down its computer system in August and September 2000." Link:
    http://www.signonsandiego.com/news/business /200206 12-9999_1b12hacker.html

    In the FBI note there was no mention of the security bug at all they said:
    "Additionally, the emails he sent contained a link to a web site he had created where he revealed confidential information about Tornado technology that McDanel had learned while employed there."

    Now that is such a selective disclosure of information that I am inclined to equate it with telling an untruth. (Just like printing that some John Doe killed several people in 1967 in he is still not behind bars, omitting that he was acting in war...)

    What alarms me that he was found guilty on spamming charges which damaged the mail server while that seems not to be the basis of his ex-employers discontent. I guess the prosecutor was not interested in bringing out the truth but rather just have a conviction based on the "Computer Fraud and Abuse Act" on his resume.

    Note that the company (Tornado) went out of business.

  111. Wrong way..... by seron · · Score: 1

    Hi-

    I am not sure it is wrong for this guy to be punished. Yes jail time is probably not the right way but come on.... He didn't follow the "normal" way to publish a security hole. He sent thousands(if I read correctly) emails to the customers telling them how to break the system. I am involved in the security field, and when I find a hole, I contact the company and try and work with them to fix it. Heck, I am on hold with a company right now. If they don't seem to want to work toward fixing the issue, I publish it to BugTraq or a similar system.

    This case appears to be a guy who is angry and using a dangerous means to get back at his previous employer. Then when they cry foul and throw their weight around, everyone bashes them saying how awful, he was just trying to help.

    I think we need to rethink the causes we get behind.

    Kevin

    --
    ----- When it is dark enough, men see stars.
  112. Re:Keep Quiet? How about tell the right people? by abe+ferlman · · Score: 3, Insightful


    If you want to check your neighbor's security, you ASK YOUR NEIGHBOR and then TELL YOUR NEIGHBOR what weaknesses you found.

    Um, you're not very good at analogies.

    It's more like an apartment building, and this guy was the Super. He knew that the locks on all the apartments could be opened with a butter knife, but the landlord said he'd fix it- then fired him.

    6 months later, the super checks- still butterknifable. He distributes leaflets throughout the apartment complex by sliding them under the doors.

    The Landlord starts busting into people's apartments and taking the leaflets away and has the Super arrested not for breaking and entering (which *maybe* he's guilty of), but for telling the tenants that their own (and by extension, their neighbors) apartments are unsafe due to the negligence of the landlord, so they should guard their stuff until the situation is resolved.

    --
    microsoftword.mp3 - it doesn't care that they're not words...
  113. Free speech? by corgicorgi · · Score: 1

    What happened to free speech? If the guy wrongfully accused the company of having security hole, then that's another issue. But going to jail for pointing out a company's flaw, why not?

    We have organizations such as Better Business Bureau to make sure businesses are doing things right and fair for their customers. They would encourage people to point out flaws of a business. It's the same idea with security flaws.

    The one that should be punished is the COMPANY that leaves out security flaw, not the guys that points it out. It's about who's responsibility is it...simple as that.

  114. This says it all... by DukeLinux · · Score: 1

    In the United States, it is one man one vote. That man is a picture of a dead President printed on fancy green paper. The more of them you have, the more votes you have. That is how our government works. Unless you have "lots of votes" you are screwed.

    1. Re:This says it all... by Anonymous Coward · · Score: 3, Informative

      Further they wouldnt let McDanel work for (now) 3 years (he wasnt allowed to work while on bail). They make sure that you have no money before the trial starts.

      They gave McDanels secrets to this company too. See McDanel was competing with this company (and the company found out like a month before this release that he was working on his own software in his spare time). Its not just email its unified messaging, integration of email, voicemail, fax, paging, etc. So it isnt something that you can just get for free. This company within weeks of McDanels initial raid had his secrets in their office, then hired consultants to use his secrets (which required totally rewriting EVERYTHING from the ground up). They then claimed that as damage as well.

      So he lost 2 businesses (where he was working, which was his fiancees business, and the new one that he was starting), the ability to work, he had to refund money to all the current customers of the place he was working. Everything they could do to make sure that he couldnt afford a real defense.

  115. wrongo by abe+ferlman · · Score: 1

    That's not what he was arrested for. It was for making the network less secure, not having a list of customers.

    And damnit, I'd be glad if I was a customer that he blew that whistle.

    --
    microsoftword.mp3 - it doesn't care that they're not words...
  116. Inaction of the authorities... by KalvinB · · Score: 1

    does NOT entitle others to that authority to take matters into their own hands. He had NO authority to break/test the security in the first place under any circumstances. And it was blabbing that just put him past any sympathy points. Telling people it's insecure is one thing. Telling people HOW to break in is quite another.

    The guy is rightfully going to jail. It's as stupid as the people who try to break airport security.

    There are better ways to go about such things.

    Ben

  117. Re:Keep Quiet? How about tell the right people? by Anonymous Coward · · Score: 0

    Err, you mean I could go to jail if I said. "You can break into your neighbors house with a prybar. Jam the pointy end right above the door knob between the door jam and the door, and pry really hard."

  118. What I don't understand... by Anonymous Coward · · Score: 0

    This guy just told everyone about the security hole. He didn't put the security hole in.

    Why isn't the company that wrote the code being held to the same standards as the person who ratted them out?

    I want to see the company prosecuted using the same law for having the security flaw in the first place, didn't the company itself: "knowingly cause the transmission of information and as a result of such conduct, intentionally cause any impairment to the integrity or availability of data, a program, a system, or information without authorization."

    Because they transmitted the web page with a link to the security flaw. This security flaw impaired the ingegrity and availabilty of data, a program, a system or information without the authorization of the customers of that system.

    1. Re:What I don't understand... by Anonymous Coward · · Score: 0

      Well you have to impair without authorization. So if they said something about the flaw it would be ok, they are authorized. But if you are not that company and you say something then all the company has to do is say you werent authorized to impair the integrity.

      Interestingly the prosecutor said that if McDanel said 'have a nice day' or 'Tornado is great' then he wouldnt have been charged. With that statement it was clear that he was charged because of what he said not how he said it. The first amendment has oh so much power in this country.

  119. jail - a school in how to be a criminal by wadiwood · · Score: 1

    Lets put this guy in Jail where he can tell all the real criminals?

    Surely there is some sort of consumer affairs organisation that can prosecute Tornado for fraud and deception, ie lying about how secure their email system was.

    He probably got the email addresses through the exploit.

    So if you tell your bosses that there is a door into the building with no lock on it and they don't do anything about it, are you under any obligation to take it further? Perhaps report it to the police or corporate equivalent. I get the feeling that this guy would be dammed if he did and dammed if he didn't.

    --

    -- it must be true, it's on the internet.
  120. Re:right to bear arms by metachimp · · Score: 1

    Move to California. Geez, do live in DC or something?

    --
    The system has failed you, don't fail yourself. --Billy Bragg
  121. The story has one important fact wrong... by Anonymous Coward · · Score: 0

    He was fired from Tornado Development. Knowing that information, you think maybe there was some malice involved?

  122. Re:Scared corparations and governments kill the go by RealityShunt · · Score: 1

    It probably won't stop, at least not for a while.

    The stupendous ignorance of most politicians, judges and lawyers about IT has to be rectified, first. That's not likely to happen.

    The idiocy is reaching new heights...

    realityshunt

    --
    Democracy is susceptible to being led astray by having scapegoats paraded in front of the electorate.
  123. Timeline of Events by Tornado Employee by Anonymous Coward · · Score: 5, Informative

    Jan 12, 2000 Customer support at Tornado gets an email from an exempoyee saying there is a HTTP REFERER problem in their product (along with 15 other webmail providers hotmail included).

    Jan 13, 2000 Development has written a fix and tested the fix (cgi redirect and code to cause all urls in the email to go through this redirect, nothing big).

    Feb 1, 2000 McDanel quit (gave 2 weeks notice) because of problems with managment dealing with another employee.

    Aug 24, 2000 McDanel contacts customer support (he is friends with this person) and asks if the problem is ever going to get fixed (McDanel was allowed to keep his account free after quitting, which shows that he didnt leave on horrible terms, and maintained friendships with many people in the company, infact some people in the company tossed work to his fiancees company).

    Aug 27, 2000 McDanel was told no they were not going to fix the problem (unknown at that time was that the QA person closed this bug report months ago without applying the fix).

    Aug 30, 2000 email from one of the managers at Tornado to McDanel regarding his web page

    Aug 31, 2000 McDanel sent emails to the customers at the rate of 6.67/sec (10 rcpt's per body (so the body is effectivly 10% the size) delay 1.5 seconds between each body). The system logs showed NO impairment during this time.

    Later the system was shut down (sendmail, web server, etc) *then* the system load went up (resumably when they were deleting the emails, which in itself is a crime).

    McDanel was on the phone with admins just prior to sending and continued talking to one admin for 20 minutes, then called others and helped this company fix their system when it broke (turns out it broke cause they were deleting the emails, but none the less McDanel did whatever he could to try to help them, including spending several hours on the phone with them the night the emails were being sent).

    In every instance that he sent emails (6.67/sec to a 8 cpu UE 4500 with a gig of ram, that in no way is a DoS) there was no downtime, the xdelay in the mail headers was 1 second or less, it was not suffering at all. The queue stayed below 30 mails most of the time (once for less than 1 minute it went over 30 mails but it quickly processed that and the queue was below 30 again).

    Sendmail (which they used) will automatically queue the emails if the load is too high. The mere fact that the queue was empty (or nearly so they do not log if there is less than 30 in the queue) indicates that the system was not overloaded.

    The fact that the cpu load reports (HP Openview) indicated that the load did not go up until AFTER services were shut down (if you kill sendmail, sendmail cannot cause load - period!) also shows that it was not a DoS.

    What is worse is that McDanel was charged under the 1998 version of 18 USC 1030. The new version (patriot act) makes it tons easier for them to convict you. If you attempt to impair the integrity and are unsuccessful, you can still be guilty (before you actually had to do something, now you just have to attempt/intend to do it, and presumption of intent is easy for them to prove, they just have to say it).

  124. Bret didn't quit, he was fired. by Anonymous Coward · · Score: 0

    n/t

  125. Huh? Which country? by jefu · · Score: 1
    If you're not revealing classified information you can say whatever the hell you want.

    Try telling a customer that you do business with Israel. Or disagreeing with the Shrubbery. Or getting on a plane with a button saying "Suspected Terrorist". Or getting on a plane if you have the wrong name.

    Tiny cracks in liberty will more surely destroy it than will the big and public threats.

    To quote from Emily Dickenson (yup, that poetry you had to read in school is sometimes to the point) :

    Crumbling is not an instant's Act
    A fundamental pause
    Dilapidation's processes
    Are organized Decays.

    ...

    Ruin is formal - Devil's work
    Consecutive and slow -
    Fail in an instant, no man did
    Slipping - is Crash's law.

  126. Think about it logically from "their" standpoint. by saitoh · · Score: 1

    We dont look for the hole first. Thats it right there, and its something which has saved us. My examples are from my WiFi scanning, but the general practice applies elsewhere also.

    There is a business in my area (which will remain nameless) which contacted us in the MIS department about trying to poke a hole in their security to see how good it is. Not us finding a hole and telling them. That looks like your trying to get in. Think about it, your not real friendly with the guy who keeps scanning your machine and trying to get in without you first knowing about it, why shuold these companies think otherwise? I know that if I was middle aged, balding, and had a job which used tech that I understood half of, that if someone said "oh yeah, while driving by, we found this problem in your WiFi network" I'd question *why* they were looking at my business network. Its a stereotypical response, but you have to place yourself in their shoes.

    What we have done at my college is that we first contact the houses and businesses in a given district, say what we are intending to do, how in some places there are services which charge for security analysis like this, and that as a service learning project we are doing it for free. Then we educate them on what it means to be secure all in a quick 5 minute speil and then ask their permission to report any flaws that we find to them and help them patch them. If denied (which so far has only happened once and it was a bank), we move along and dont report anything that we suspect from them. Remember, we are covering a district, so if someone says, "yes, we would like to know so we can better protect ourselves" we generally scan that area, and with WiFi, we havnt had an issue with it. Then we do up a report of whats vulerable as far as connections, and if there are any, we take it a step further. Everything is done with an option NDA agreement which if asked we will sign before hand, and what the limitations of what we will do and offer suggestions to ask outside consultants to check the machine logs after we leave to see if we held up our end.

    This has worked very well for us, but the main point is that we are up front with these people and we dont go behind their proverbial back. We dont sneak arround at the dead of night (if they dont want us to, although we do night scans of districts as it provides another view), so it doesnt look suspicious.

    The more up front before you do anything, the less trouble you are likely to get into (most of the time) with something like this.

    -

    --
    We don't need an "overrated" so much as we need a "you completely missed the parent's point, dumbass..."
  127. Re:Huh? Which country? by jefu · · Score: 1

    I now wonder. Is this the first time Emily Dickinson has been quoted on slashdot (except perhaps for a snippit in a signature) ?

  128. Technically correct... by qtp · · Score: 1

    Who gets to decide what is "wrong, wrong, wrong"?

    The guy signing the paycheck? F*ck him, otherwise we are all just sniveling toadies.

    I agree that in this case, the guy was stupid, but it should not be a punishable offense to tell a companies customers how thier data is being intentionally left at risk even if the motive is to screw the company, and it should be socially unacceptable for that company to continue to allow the customers data to remain at risk.

    Sure if the guy had told the customers while he was working there, then I can see the company firing him, but as he had already been fired, the jerk was just delivering what he had alread paid for with his job.

    --
    Read, L
  129. Tornado's Email server? by John_Schmidt · · Score: 1

    The complaint says he sent email through Tornado's Email server - but this is just smoke. All Email goes through the destination Email server - that is how Email works!

    1. Re:Tornado's Email server? by z0om · · Score: 0

      the email was sent using tornado's server, the destination email addys were also on tornado's server (the customers).

  130. pffft by Anonymous Coward · · Score: 0

    will they extend his sentance if he finds a hole in the jail wall?

  131. Isn't it nice by alizard · · Score: 2, Insightful
    to see law working exactly as it was intended to. At least by the lawyers working for the various corporate interests that drafted it, if not by the Congressmen who were told "THIS will fix our computer security problems."

    Correctly, but the problems the legislation was intended to address were the problems of keeping problems secret from the users so they wouldn't have to be fixed.

    That is the corporate security problem.

    Protecting user privacy is something for a marketing department to use in advertising.

  132. My turn to rant. by Anonymous Coward · · Score: 0
    Man, I can't wait until society evolves to the point where we can laugh at normal rapes too, especially violent gang rape and child molestation.

    In reality male-male prison rape (aka getting butt-fucked, getting your shit pushed in, being someone's bitch) is not very funny. I think the point is to cause discomfort by introducing or describing a clearly uncomfortable, unpleasant situation. It is meant to induce a reaction very similar to seeing someone getting hit in the balls. Most men, when they see the video of a kid smacking a baseball into dad's testes, don't laugh in the same way they would laugh at a truly funny situation. The usual response is a groan or cringe, followed by a laugh of relief that it didn't happen to them. There are few men who could watch man-on-man action, rape or otherwise. The rest of us sure as hell wouldn't be laughing if we witnessed it.

    It can be made "funny." It is called situation comedy. Bizarre and unpleasant situations appear on TV all the time. These sitcoms don't translate well to reality, so they don't evoke the same reponse that a real situation would.

    Now, when someone says:

    Guess whose hole will need tight security now ?

    Do you think most people immediately imagine the unpleasant realities of jail-house love? I immediately thought of Leslie Nielson wearing a chastity belt in the shower in Naked Gun 33 1/3. So yeah. I laughed.

    If you have issues stemming from a personal experience that prompted your outburst, recognize that many of us will not respond in the same way that you did. (ex. Might not recognize it as an act of humiliation, etc.) There is no shame in getting help.

    If you thought the statement was inappropriate, a simple: "This statement is inappropriate and insensitive" would have been fine. Empathy and sensitivity is good-- it's nice to see it once and a while.

    If, however, you just wanted to be condescending: Be advised that your slippery-slope argument is invalid. And while you might argue that it is your opinion and that it can't be invalid, if it is based on faulty logic, you risk exposing yourself as illogical. Don't feel too bad though: You got modded up to a +5 insightful, which means that there were other people who thought your slippery-slope statement was insightful or wisdom-packed. Or maybe you said what they wanted to hear.

    (FYI Since the RIAA and MPAA seem to be popular topics here, keep in mind that they routinely adopt slippery slope arguments: Oohh... if we don't have X protection, people will be able to burn our cd's. Then they'll stop buying cd's, and then we'll lose all sorts of money, and the music industry will collapse, and I'll lose my Porche, and there won't be any more music ever in the world, and WWWWWAAAAAAAAAAAAAHHHHHH!!!! OK, so I embellished a little. But you routinely hear this argument. And while it is based on false logic (until they back it with actual data), it still paints a believable story to whoever it is aimed at. And that can be dangerous.)

    Maybe some day they will teach (2-valued) logic and reasoning in grade school or high school....

  133. Re:Huh? Which country? by rossjudson · · Score: 1

    Good quote -- the thing is, it is true that in practicality we don't have the freedoms I wish we had, and that we all truly deserve to have. There's a push and pull to this whole freedom thing, a balance to be found. We have to be a little extreme pushing things in the direction that we want, because the other guys are doing the same thing. They fall into the "just trust us" category of government, and that should scare the hell out of all of us. I'd like to think that they're just going through a moment of weakness because they're scared. Fine -- a lot of social policy comes about from fear. But we need to push against that; we need to provide the balance. That's our role in society. A grey look at what is, is not enough. You should strive for more. You know what's right. You never need to do anything else in your life other than advocate what you know is right. Yes, I am hopelessly idealistic.

  134. It was Aschcroft that ... by burgburgburg · · Score: 1
    decided on this new, far more restrictive interpretation. He was PROSECUTED under W's administration.

    That's what counts.

  135. Was it worth it????? by Retarded_Ninja · · Score: 1

    Ask yourself this (especially knowing what you know now)....is it worth it? I say no. The government as a whole has the collective IQ of 10. They neither care about our rights nor the US Constitution. Im so tired about hearing of our rights and the Constitution. We live in a corporation not a democracy and the Constituion is a mission statement. Its what they try to live by but it all comes down to what the "shareholder" wants.

    And as far as letting a company know about their security flaw...screw them. They will do nothing about it in most cases( so its not even worth the risk) or they will go after you legally to keep your mouth shut.

    Best bet would have been to exploit it...shut them down...and then the customers would have left. Meanwhile set up something similar ( more secure of course) and let the searching little consumers flock your way.

    Thats just my opinion however, and really, who am I?

  136. So you can now go to jail for by Catharz · · Score: 1

    informing people that a company is running Windows?

    --
    To know that you know what you know, and that you do not know what you do not know, that is true wisdom. --Scooby Doo
  137. Real-Life Analogue ... by Niet3sche · · Score: 1

    911 operator: Sir, may I help you?
    Voice: Aaagh! Please help! There's a man going around twisting doorknobs and going in and burgling the people inside!
    Operator: So ... how did you say he is getting in?
    Voice: Turning the doorknobs - he's found that by turning a knob on the door, if it's not locked, he'll gain entry!
    Operator: We'll send some troopers by...
    Voice: Good. Good, then the neighborhood will be protected fr-
    Operator: No sir - for YOU. You see, you've disclosed a little-known flaw in door design. You'll be hearing from us shortly.
    Voice: ...

    And there you have it. We need a two-fold revival to take place here:
    1) The Internet ought to have a designated TLD (like .security) in which information about exploits can be FREELY exchanged among (verified) network, system, and security professionals.
    2) We need to cast aside notions of having to code for the Stockholder, or code for the Board, and instead Code for Longevity & Robustness. Also we need to NOT throw up our hands at attacks (I saw a story on Slashdot about "Intrusion Allowance" or some such, in which a new paradigm of thinking that it's no longer worth defending against attacks was introduced), and instead get serious about connected systems. If they don't meet spec - toss 'em. If they're not B-grade systems (ACL's, file bit permissions ... I think 'B-grade' is the DoD terminology here...), we need to toss 'em. If our vendor cannot comply by providing security patches Within A Reasonable Time, toss 'em.

    I understand that this will NEVER come about, as it's easier to throw up our collective hands (unless you're a security specialist! ;) ), but we ought to, at the very least, be able to exchange information. Here's the deal: the Bad Guys know this. If they don't, they can find out. The Good Guys know some of this. If they don't ... they'll find out when they're r00t3d by a 1337 h4XX0r!

    *sigh*

    Another example:

    Mechanic: Geez ... this car's about to fall apart.
    Customer: What's wrong with it?
    Mechanic: I'm sorry, sir ... all I can say is that it's unsafe. Here are the keys. Have a good trip home *snicker*.

    Disconcerting, but this is what system/security personnel face now.

    Grrr!

    My $1.02 or so. :)

  138. For the sig: by Tokerat · · Score: 1


    Perhaps they could put a bear holding a shark on their website now and scare away security experts.

    --
    CAn'T CompreHend SARcaSm?
  139. Public Disclosure by Anonymous Coward · · Score: 0

    Companies like Microsoft should be aware that security holes in it's products will just go underground. Actions like this will force people just to anonymously disclose serious bugs to hacker groups. Far safer to post it anonymously and not worry about the lawyer bills.

  140. Too far by alexo · · Score: 1

    If (and it's a large "if") the information is actually correct
    then it is another example that your whole system is in such a dire need for replacement that you need another revolution.

  141. MOD THIS TROLL DOWN by Anonymous Coward · · Score: 0
    Please, moderators check his post-history, the guy is a well known troll.

    Nice troll, it should have been moderatet to Score 5, Troll instead of Score 5, Interesting.

    1. Re:MOD THIS TROLL DOWN by Anonymous Coward · · Score: 0

      Perhaps, but in this case it's the solid gold truth. I really was there and I really did testify in federal court against Bret. I do have a day job...where do you think I get the spare time to post to slashdot?

    2. Re:MOD THIS TROLL DOWN by Anonymous Coward · · Score: 0

      Looks like you need to be sent to prison for stealing company assets.

  142. Metamoderated Unfair to hell! by Anonymous Coward · · Score: 0

    done

  143. ...and another thing. by Prior+Restraint · · Score: 1

    I forgot to add: I like the way you worded the statement in such a way that the murder of someone rEWDBOi knows is inevitable ("When" not "If").

    1. Re:...and another thing. by wideBlueSkies · · Score: 1

      Actually the 'when' is meant as an emphasis on my firsthand knowledge.

      But I can see your point.

      wbs.

      --
      Huh?
  144. Re:Go ahead and cite a law by Justice8096 · · Score: 1

    http://library.lp.findlaw.com/articles/file/00418/ 002034/title/subject/topic/labor%20%20employment%2 0law_employment/filename/laboremploymentlaw_3_47 Enjoy. There is even a legal opinion, not mine

  145. I find the guy guilty as charged. by sllim · · Score: 1

    I know no one will read a post put up this late.
    But I was struck by how wrong the article got this guy.

    He DOS'd the companies email servers and sent emails to all of the companies clients giving instructions on how to do such an attack.

    The line he crossed was DOS'ing those servers. That is where the difference between free speech and destruction of private property lies. If he was so unhappy about his former employer and so disgusted at the way security was handled then a website without a DOS attack on the employers email servers would have been fine. So would writing an article for the local newspaper.
    Hell a billboard would have been alright too (assuming this guy has all his facts straight).

    But the difference in my mind between that stuff and what he did was the DOS attack.

    He deserved to be in the pokey, now it is time for him to move on with his life.

    1. Re:I find the guy guilty as charged. by cwsulliv · · Score: 1

      If you had actually _read_ the article, you'd have discovered that he was specifically NOT charged with a DOS attack and in fact DIDN'T run a DOS attack. He was convicted on a charge of doing what you in effect say would have been fine, and not even charged with something you say justified his conviction.

      I pity the poor slob who comes before a jury with _you_ on it.

    2. Re:I find the guy guilty as charged. by sllim · · Score: 1

      I did read the article, and I did see what you said.
      However, I am not on this dudes jury.

      What I am doing is sitting here and shrugging my shoulders. What he did do was just wrong. This dude knew exactly what damage he would create and did it anyways. Regardless of what the jury found him guilty of he went to jail, and in my opinion jail is where he is meant to be.

      Now before you start getting all tied up in the idea that the specific charge isn't worth 7 years I want to point something else out to you.

      Al Capone went to prison for tax evasion.

      Sometimes prosecuters are presented with problems. Some schmuck is sitting in the defendants chair guilty as all out hell. But the prosecuter doesn't have the laws/evidence to give the shcmuck what he deserves for that particular crime.
      So the prosecuter goes for something that is lesser, which is easier to prove and more then likely overlooked by the schemeing schmuck in question.
      When the prosecuter gets the lesser charge he pushes for the stiffest sentence he can possibly get from it.

      Useing that logic I have no sympathy for that guy. What he did was wrong. Wrong, wrong wrong.

    3. Re:I find the guy guilty as charged. by Anonymous Coward · · Score: 0

      There was no DOS attack, the logs proved that. The system was only impaired by them taking it down to delete the emails (and it only had any load issues AFTER it was taken down, and he had stopped sending email well before that happened).

    4. Re:I find the guy guilty as charged. by sllim · · Score: 1

      Maybe not a DOS attack per definition.
      But this dude knew what it would take to take down those systems.
      And he did it 3 times on seperate days.

      He knowingly and willingly destroyed property.

      Why is this being defended?
      Is it somehow excuseable now?

      I would use a metaphor about breaking and entering, but I won't. I abhor metaphor's on Slashdot. They are abused.

      Bottom line, if I catch you breaking into my PC and I can prove it in court, you can council me on my lax security from your jail cell.

    5. Re:I find the guy guilty as charged. by Anonymous Coward · · Score: 0

      The guy did not break in (it was said in court that he did not attempt to violate the security nor did anyone else).

      The guy did not DoS the system (the system logs prove that the only reason the system had problems was because they shut it down to delete the email so it could not be read).

      The guy did not violate an NDA. The hole was first revealed to this company from a public paper published by a different exemployee in Jan 2000 (7 months before the emails). Further there was evidence that he was attempting to figure out the format of the querystring variable (the hole is HTTP REFERER information, just like the recent hole in horde imp, infact identical in nature). The company lost their civil case for a violation of the NDA then it went criminal.

      There is going to be a web page put up which will include the 'evidence' in the case. System logs, transcripts, etc. While it wont all be put up due to volume (its over 15,000 pages printed, most of it has nothing to do with this, some is background evidence on different people involved in the case (drivers license abstracts, criminal history checks, etc) a lot of stuff that really doesnt matter). But anything of substance will be posted and it will show that there was no DoS (real or attempted) there was no violation of any secret information, and that the company lied in its claims of both damage.

  146. Extra info by Anonymous Coward · · Score: 0

    There seems to be a little confusion about some issues. Tornado filed a civil suit and lost. The hole was an HTTP REFERER problem. This was disclosed to the public by an exempoyee publicly while Bret McDanel was working at Tornado. Because this document was public, and HTTP REFERER is not specific to Tornado Tornado lost their civil suit. The NDA was not violated. Nothing secret that was learned while he was there was revealed. After Tornado lost the civil suit *then* the case went criminal. Bret McDanel is currently attempting to sue Tornado (who is now xmsg.com - right after the trial Tornado folded and xmsg.com, with the same people at the same physical office, doing the same service, started up), Kevin Torf, Craig Wasko, Ryan Kim, and Sam Balooch for perjury. Additionally he is filing suit against the FBI whom he has proof they lied as well (Agent Peterson and Agent Watkins) to supress evidence, lie about the evidence they have, etc. His lawyer was suppoosed to bring this up in trial, but the government is good about making sure that people dont have money for trial so he got a public defender who refused to put up any defense (and that is part of his appeal). The brief even mentions some of the lies that were said. A donation for expenses related to this case can be made via paypal to Donate to bret@mcdanel.com (that email address is currently not working, but should be up soon, paypal to that address will work). Anything that can be given is greatly appreciated. If you do not have a paypal account, just creating one gives you $5 and the legal fund $5 if you use this link There is a website that is going to be put up soon with the transcripts, system logs, etc that show that the system was never impaired until after they took it down and started deleting the emails (the criminal act of deleting emails was the only thing that caused any load issues on the system). The amount of logs and all are quite large so it will take some time to get everything up. Just the attachments that are part of the appeal are 3 inches thick, the whole amount of discovery (evidence) was many many thousand pages (and not all of it was printed out).