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Analysis Of Symantec's Stance On Censorship

robochan writes "According to this report in the Sydney Morning Herald, Chief Operating Officer of Symantec, John Schwarz, was quoted as 'calling for laws to make it a criminal offense to share information and tools online which could be used by malicious hackers and virus writers.' This article takes a look at the negative affects and also a couple of recent examples of "censorship legislation" backed by the COO of Symantec, and what little effect it has had on criminals, while having a substantial affect on responsible citizens."

21 of 273 comments (clear)

  1. It's obviously anti-First Amendment by Dancin_Santa · · Score: 2, Interesting

    But maybe it's time to rethink this portion of Speech.

    Speech is not 100% protected. There are types of speech which have been declared illegal: obscenity, fighting words, etc. Perhaps it is time to take the fight to virus writers.

    1. Re:It's obviously anti-First Amendment by Anonymous Coward · · Score: 1, Interesting

      ahh! and thats where you miss the point! writing instructions on creating a nuclear weapon isnt the same as example exploit code. example expoit code = giving away the plutonium and that would be illegal.

    2. Re:It's obviously anti-First Amendment by Temsi · · Score: 5, Interesting

      That's absolutely incorrect.

      Freedom of speech is absolute. No exceptions.

      Obscenity is not illegal, but you can be held accountable for any harm it may cause others (including mental anguish). The FCC has obscenity guidelines for the public airwaves that TV and Radio stations must follow. The on-air personalities can say whatever they want, and their words are not illegal. The FCC can however mandate that the corporations using the public airwaves do not broadcast obscenities, and that they either bleep them or silence them, at the risk of being fined (stipulations of using the public airwaves for free).

      Fighting words are not illegal either, but you could get in trouble if you incite violence, which IS illegal.

      Yelling "FIRE!" in a crowded theatre is actually not illegal either, but you will most definitely get in trouble for endangering the public if you do it.

      There is a distinction here you have to make.
      Words by themselves are not and cannot be illegal, nor can the usage of those words be deemed illegal. The first amendment garantees that.
      The results of what happens because you spoke your words of choice, however, CAN be held against you.
      If you say in a public place "I wish he were dead" (about anyone) you have the right to do so.
      However, if you were to say "Go kill this guy", and someone who heard you went out and did just that because of what you said, then you would absolutely be held accountable for saying it.

      Anything you say is legal, regardless of content.
      The consequences of what you say is another matter entirely.

      Fighting virus writers by banning the words they write is absurd and stupid. It is a slippery slope we do not want to enter. It sets a dangerous precedent that can and will be abused. If you ban one use of language, it's very easy to ban another. Next we'll be banning negative movie reviews because they can hurt the movie's business and thus must be banned. Or perhaps we'll start calling people traitors if they criticize the President. Oh, wait, Ann Coulter already is doing that. But of course she has the right to say that too...

      --
      -- This sig for rent.
    3. Re:It's obviously anti-First Amendment by freeweed · · Score: 2, Interesting

      Freedom of speech is absolute. No exceptions.

      Nope. Freedom of EXPRESSION is. Freedom of speech is far from absolute, and you listed many examples why.

      Subtle difference, but there are many things that you can face charges for saying. Libel, Slander, the list goes on and on. But no one can arrest you for expressing an opinion.

      --
      Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
  2. Burglary Tools by EmpNorton · · Score: 5, Interesting

    I believe it is illegal in most states to be in possession of 'burglary tools' such as slim-jims, lock picks, and the like unless you are licensed in some way to own them (mechanic, lock smith, etc...).

    When (if ever) do 'hacking tools' fall under this category? Obviously any tool can be used with ill-intent, but are there specific pieces of software that could be classified as such?

    1. Re:Burglary Tools by kfg · · Score: 2, Interesting

      I know of a man who was convicted of possesion of a burglery tool because he was carrying . . . a screw driver.

      Just an ordinary screw driver. Not modified in any way.

      The really funny part is that was actually part of what he stole, and as he left the house to boot.

      Was not the legitimate owner than also guilty of possession on a burglery tool? He even kept it in a toolbox on his back porch where burglers could get ahold of it ( as evidenced by the fact that one did).

      "Ok, now to see if the server is responding I'd like you to type "ping" . . . ARRRRRRRRRRGH!"

      I'd think very carefully about what sort of tools you have sitting on your own "back porch," and what you advise people to do with them.

      KFG

    2. Re:Burglary Tools by little1973 · · Score: 2, Interesting

      In the places where it is trouble to carry lockpicks et al., you can't get busted for possession or ownership of the devices in the same way that you can get busted for possessing, say, pot or cocaine. Instead, the possession of those kinds of tools, WITHOUT a reasonable excuse, is considered prima facie evidence of an intent to commit wrongdoing. So if a cop catches you with lockpicks in one of these states, he can bust you for conspiring to commit a burgalary.

      It's kinda like Thought Police, isn't it? To intend to do sg and to do sg are two different things. I think Minority Report taught us that every person can change his mind even in the last minute. So, no crime will be commited. I think banning possesing such harmless (in the sence that it is harmless until used, not like some explosives) physical items like lockpicks is a severe violation of human rights.

      --
      Government cannot make man richer, but it can make him poorer. - Ludwig von Mises
  3. Crack down on those dirty scientists! by Sage+Gaspar · · Score: 2, Interesting

    Why does it seem that every single proposed or actual law targeted at "cybercrime" puts absurd limitations on legitimate research while having absolutely no effect on the criminals?

  4. Alternative Policy Applications? by buckhead_buddy · · Score: 2, Interesting

    "make it a criminal offense to share information and tools online which could be used by malicious hackers and virus writers."

    On the positive side, couldn't this also be applied to Windows, IE, and Outlook? Ignoring the buffer overflows (which all software has) these programs have been developing, promoting, and expanding the viral capabilities since at least 1998.

    After all, there's more documentable evidence of Microsoft staunchly keeping an "open" envrionment to incubate and inspire malicious hackers much more so than the white hat hackers simply exchanging exploit documentation.

  5. Obtaining power by panurge · · Score: 3, Interesting
    Schwarz wants this because it is a way for Symantec to gain power. Briefly, if these activities are criminalised the income for lawyers will go up, but so will the income for expert witnesses and analysts - which means Symantec is in a position to sell what are effectively consulting services at the higher prices that start the moment the legal clock starts ticking. They are also in a position to gain more influence in Washington because they would be seen as being in a position to advise representatives. If Symantec could effectively corner the market in expertise over a law they themselves have been involved in drafting, they would also gain influence in the IT industry because of their ability to influence the government in matters concerning software design and deployment, thus having some measure of control over other companies.

    As Shaw said, patriotism is the last refuge of the scoundrel. Applied judiciously, it can also be very profitable.

    --
    Panurge has posted for the last time. Thanks for the positive moderations.
  6. ...and the moment has come by SignificantBit · · Score: 2, Interesting

    my worst fear when Symantec bought SecurityFocus was the ability to exercise free of speech and free research on bugtraq... now it is just matter of time when corporate censorship begin to infect what can be said, research, discused or developed on the mailing list.

  7. Re:motive by Grishnakh · · Score: 4, Interesting

    As others have noted, what Symantec really wants is to prevent people from cleaning up the worms and viruses without paying Symantec a fee.

    But if the number of viruses and worms goes down, I'm sure Symantec would be happy to write a few more to keep their profits up.

  8. Re:Slippery Slope by entartete · · Score: 2, Interesting

    I remember some PHB type at a university i worked at had this list of 'hacking tools' that he had gotten from some 'security expert' that we were supposed to be on the watch for if we saw any of the students using these dangerous and evil things. These tools included things like text editors and resource fork editors for macintosh and such. I thought at first that it was some prank played upon the the PHB but whoever gave the this list to them was apparently completely serious about it.it was funny and scary at the same time. When text editors are illegal only outlaws will have text editors.

  9. Ok, post jurance got it but again... by yoshi_mon · · Score: 2, Interesting

    I understand that without a crime there can be no test of a law due to what you have just established. Or to put it another way, without a party that has been wronged there can be no case that can be brought before the high court to rule upon.

    Ok, right. So what we are saying here is that, its ok to pass laws that aren't legal until the wrong someone. And then when they get wronged they have to go though the *whole* court system before they finally get ruled on and then maybe if your lucky the high court will hear your case vs the law and rule against it thus striking down a law that never should have been enacted in the 1st place.

    All of that takes time, money, and much much effort. But hey, it's ok because you can site some reference in the original constitution (Where I'm quite sure the founder fathers envisioned it that way.) to where that makes it so.

    Well, all I'm saying is I call shenanigans on that clause and hello to a way to review laws that effect, lets face it, the whole gawd damn world before we enact them.

    --

    Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
  10. He must be hangin' out with Darl McBride... by JRHelgeson · · Score: 5, Interesting
    This is the dumbest thing I've heard. It ranks right up there with SCO's claims against IBM and Linux. Where do they come up with these delusions?

    He's stating that "Only the information security elite should ever have access to information security issues." Or if Bill Gates stated: "Only large enterprises should write operating system software. Linux should be outlawed." This means we'd all be forced to eat Microsoft's or Symantec's 'dog food'.

    I ask you this: When was the last time Symantec wrote a signature for Snort? How about a nessus plugin? They want to get rid of the open source security model because they can't profit from it!

    As an information security professional, I don't even listen to Symantec as their information is generally 2-3 weeks too late. Its like waiting for the Sunday paper to read about the double homicide that's taking place right now on your front lawn. All their info is being published after the fact! If they successfully cut off all access to information that is happening in the security community, then they make everyone reactive rather than proactive.

    It doesn't matter how much detail Symantec offers about a virus or bug. I want to be able to take an exploit, compile it and run it against a test server on a test network. Capture the packets transmitted and analyze them. I want to dissect the 'worm' or 'virus' and develop an IDS signature as well as produce a Nessus plugin to scan other servers. If I use other tools, I want to have enough knowledge to look into their signature files to realize that they're looking for the wrong stuff and thereby giving false positives (or false negatives).

    It's called FULL DISCLOSURE
    Symantec is trying to tell us that I can do all this with a really descriptive set of documentation? Or maybe I should just turn my entire enterprise security model over to Symantec. Uh huh, sure... I don't think so. Gimme the code for the exploit.

    Allow me to digress for a moment, stick with me though -- it's not too OT...
    Lets talk for a moment about the MS03-039 exploit; the brother to MS Blaster. It's a really nasty bugger. Once it exploits a machine, it creates a user account of "e" with a password of "abc#321". Oh yeah, and the new user has admin rights.

    This means the worm could use the newly created account to create other accounts, escalate privileges on existing accounts or just change everyone's password to a random string of garbage.

    The price we could pay by not patching every single server and workstation this time around could exceed the damage done by blaster by a thousandfold. All it has to do is successfully nail just one Active Directory controller. Imagine if every single user on your entire network had their password changed on them, at the same time.

    When blaster hit, it crashed the RPC service which forced the machine to reboot 60 seconds after the RPC service came crashing down. Imagine now that in the infection process changes admin and user passwords, revokes privileges, then reboots the machine... Your network is now down, and you can't even get back in. You are screwed.

    So, how do I know this info? Well, it just so happens that I've got the source code to the worm sitting on my machine right now! I'm not contributing to the project, but I'm sure as hell monitoring what is going on, and I sure as hell didn't get ANY of this information from Symantec.

    The only info I'll get from Symantec is the day after the worm's release when they announce that blaster.b is in the wild and that I should have patched my boxes, and they're very sorry but there is no cleanup file available if it compromised your AD controller and changed all the admin passwords. Symantec also recommends you have current tape backups. That's like telling the car accident victim to buckle up. Just a little late there, Jack.

    We are going to continue down the road of Full Disclosure debate until M$ et al. starts writing secure code.

    --
    Good security is based upon reality and common sense. Common sense is a function of having common knowledge.
  11. We need a firebell in the night by orthogonal · · Score: 2, Interesting
    So gentlemen, what is to be done?

    I'll tell you: just what we did to Intuit: kick Symantec where it hurts, in the pocketbook, until Symantec is ready to disavow Chris Schwarz and his attempts to limit free speech and free inquiry in the name of profit.

    I've always had a soft spot for Symantec because of that awesome DOS product, Norton Utilities. And I still have a copy of Peter Norton's 8086 assembler tutorial. Just saw it yesterday, but now I can't recall which bookcase it's in.

    But no more. I'm afraid this uses up my good will, and my willingness to see Symantec as the "good guys".

    First, let's let Symantec know how we feel. The main switchboard number in the US is (541) 335-5000. The worldwide headquarters number is (408) 517-8000. Tell them you're a computer professional or enthusiast, that many non-specialists rely on you for advice, and that you won't be recommending their products again. And tell them why: because Chris Schwarz whats to criminalize people like you for warning other people about security vulnerabilities.

    And then let's do what we said we'd do:
    • don't buy Symantec products;
    • don't recommend Symantec;
    • actively recommend against Symantec;
    • and tell your friends, your colleagues, your family, exactly why: Symantec wants to suppress free speech in order to maintain a monopoly;
    • explain that Symantec wants to throw into jail (that's what happens when you outlaw something) computer professionals like yourself just because they would warn people of real threats to their security.
  12. What about compilers? by excessive · · Score: 2, Interesting
    Compilers are tools available on line that can be used for malicious purposes by hackers and virus writers.

    Anyway, why should paid for tools be any different?

  13. Since it would kill BSD and GPL'd alternatives.... by Satan's+Librarian · · Score: 2, Interesting
    I'm curious, are there any viable open source alternative anti-virus products out there?

    I might be willing to lend a hand if anyone has such a project and needs a coder. I bet you could reduce the money available to lobby for such stupid laws by commoditizing the market and destroying the profit in creating such laws - and such a product, if done well, would benefit the net as a whole.

    I'm aware of Clam AV, but since it's POSIX oriented, it's not really a replacement. I'm thinking of something that supports modern AV features under Windows - e.g. real-time scanning, prevention of execution, modern heuristics, auto-updates, etc.

    Of course, for corporations, the best solution would probably be something more along the lines of an access control program that disallowed use of any products that weren't officially sanctioned.

  14. Re:Gruff marketing fluff by Satan's+Librarian · · Score: 2, Interesting
    It's good to see you posting :) It sounded from the BugTraq article that Alfred posted that there was a bit of internal backlash already, but with some of the founders of the industry making waves one can hope that Symantec will make the sensible decision and never allow their clueless management and marketing fluff to go in front of government legislatures again.

    I'm curious - what do you think of my suggestion for reducing the number of kids in virus writing? I know it would be very ambitious, and would need considerable effort and cooperation between a large number of ethical and talented professionals with no direct monetary gain to encourage such participation, but to me it seems like it might help. If such an alternative had been present in the late 80's and early 90's, I suspect I would have been interested.

  15. I didn't even read the article by gone.fishing · · Score: 2, Interesting

    I've never responded to a Slashdot post without first reading the article and a number of comments before but this time I am just climbing straight up on my soapbox!

    I know this is outlandish but I propose we outlaw knives because they can be used to kill someone. History shows us how dangerous the knife is; For generations, the knife in various forms has been used to kill and maim people. Therefore, I think we should outlaw it. While we are at it, lets outlaw hammers, candle sticks, and rope since they have all been used to kill people.

    My point is that tools sometimes have to be dangerous in order to do their jobs. It is not the hammers fault if someone decides to use it to bash someone's head in! The same is true for the knife. Software "hacker's tools" are tools, just like hammers and knives. They can be used for good (and usually are) or bad (and sometimes are) but that does not mean they should be outlawed.

    You know those "emergency hammers" that they sell to break car windows with? My guess is that more of them are sold to car-burgulars than are sold for their legitimate purpose. They are easy to conceal and break windows with a minimum of noise and fuss. Crooks use them every day. Why hasn't there been a cry to have those things outlawed, regulated, or controlled? It is because they are a tool, that the tool has a legitimate purpose, and that the crooks would simply use something else if it were made unavailable to them. I guess I'd rather have them carrying these hammers than a hatchett. Of course, I would rather see the crook in jail where he would have neither.

  16. Vulnerability research companies all criminal by neoThoth · · Score: 2, Interesting

    Every advisory sent by a company to the public would therefore be considered criminal. I've read the jokes about notepad, vi, etc and yes they are funny. But in my line of work we find security holes all the time. And we publish enough details that one who is intelligent enough could reconstruct our work.
    This kind of assinine law would essentially shut down all major security vendors (ISS, eEye, Foundstone, etc).
    This may be to Symantec's liking since they have been aching to get into that market (after purchasing a small company called SecurityFocus). Oh wait they might have forgotten about that purchase. Because bugtraq DOES distribute that info.