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Publishing Exploit Code Ruled Illegal In France

Dexter writes "A French Court has condemned the security researcher Guillame Tena for publishing a security vulnerability in the Viguard anti-virus software of Tegam. This ruling makes the publication of security vulnerabilities and their proof of concept through reverse engneering illegal in France."

32 of 362 comments (clear)

  1. French Court: "Surrender Now" by fembots · · Score: 5, Informative

    What good is it to publish software vulnerability, especially on closed source products?

    If one really wants to help, isn't it better to inform the software maker? If the latter couldn't care less, maybe one shouldn't care more?

    However, as the friendly article pointed out, the fine was for a copyright infringement charge, so it looks like you can still publish a vulnerability as long as it is subtle enough.

    1. Re:French Court: "Surrender Now" by crazyeddie740 · · Score: 5, Insightful

      I think the general rule of thumb is to inform the software publisher first, and then go public after they've had a chance to fix it. Going public forces the publisher to fix the problem if it hasn't already, and it let's the public know that there's a problem and they should do an update. (Or if the publisher still hasn't fixed the problem, switch to a different program.) According to the article the article links to, the copyright infringement charge is somewhat similar to the anti-DeCSS application of the DMCA. The researcher, AFAICT, is being sued because he *reversed engineered* the program, which is a traditionally accepted practice.

    2. Re:French Court: "Surrender Now" by John+Fulmer · · Score: 5, Informative

      The 'good' is that it keeps closed source vendors honest.

      The 'full disclosure' idea came about because of the frustration of sysadmins finding security holes, and not being able to get the vendor to take it seriously.

      Good 'full disclosure' first notifies the vendor, and then if within a reasonable time the vendor takes no action or there is no response you disclose to something like BugTraq.

      It's been the reason that Microsoft and other vendors take such bugs VERY seriously. But they would be more than happy if it all just went away, or was criminialized.

      You decide which is more valuable: A company keeping their PR image spotless, or getting serious software bugs fixed.

    3. Re:French Court: "Surrender Now" by Anonymous Coward · · Score: 3, Funny

      You decide which is more valuable: A company keeping their PR image spotless, or getting serious software bugs fixed.

      How about, not going to jail for disclosing a bug! It's very valuable to me!

    4. Re:French Court: "Surrender Now" by nurd68 · · Score: 5, Informative

      Actually, if memory serves, MS *does* control these situations. If you are a Microsoft Partner (I don't know at which level this restriction starts, but I think it's just about any partner), then you are required to disclose the vulnerability to Microsoft, and cannot disclose it publically until Microsoft allows you to. Failure to adhere to this results in a loss of your favored status.

    5. Re:French Court: "Surrender Now" by lukewarmfusion · · Score: 5, Interesting

      If a company doesn't fix a problem that's brought to their attention, published or not, they could be found negligent for damages as a result of that security hole.

      Can you really make a secure system? Open source or closed, there are going to be security risks. So what happens if the security hole would be so expensive to fix that you simply couldn't afford to address it? Keeping it quiet, while not always effective or preferred, is still security (through obscurity).

      I discover security holes in web applications all the time. My protocol is to stop once I've proven it's possible to compromise, notify the company of the issue, the implications of the hole, and ways to go about fixing it. I always include a link to my company's website, but I never threaten to publish it or do anything that might be construed as extortion. I've never been accused to wrongdoing, I usually get a big thank you, and sometimes it lands me a meeting - which is where they become clients.

      People generally appreciate a helpful tip, whether it's a "you have a word spelled wrong on your site" or "you have a SQL Injection vulnerability on your site." Just don't be an ass about it.

    6. Re:French Court: "Surrender Now" by maotx · · Score: 5, Insightful
      Lets say I discover exploit in Foo that allows me to have complete control of your computer. Foo is a very popular program used in homes to enterprises. Now lets say I send my exploit to Foo Company Inc. to have them patch it to prevent this horrible exploit from being..well..exploited. Foo sends you a "to-be-done" acknowledgement and thats the last you ever hear from them. Three service packs later and your exploit still works without a problem.
      If you discovered this exploit then so can someone else. This someone else could then use this exploit to their every desire (Think beyond viruses, i.e. blackmail, stock market, etc.)
      What do you do?

      Nag the company to fix it?

      Tell everyone how horrible the company is without proof?

      Release your exploit into the wild to pressure the company in patching it and giving them motivation to pay more attention to security?

      Most exploits that are released typically occur after the vendor has been notified.

      --
      I'm a virgo and on Slashdot. Coincidence? Yes.
    7. Re:French Court: "Surrender Now" by Kaa · · Score: 4, Insightful

      What good is it to publish software vulnerability, especially on closed source products?

      A strange question. People who use these closed-source products (aka "the customers") would certainly be interested in knowing the true capabilities (or lack thereof) of the software they bought. People who are thinking about purchasing that software would be interested as well.

      The head-in-the-sand technique doesn't work all that well in real life.

      If I am running an anti-virus program, I most certainly want to know if that program is a close relative of swiss cheese...

      If one really wants to help, isn't it better to inform the software maker? If the latter couldn't care less, maybe one shouldn't care more?

      More strange questions... Let's see, there was this car, called Pinto, and its maker (Ford) for a while couldn't have cared less about certain umm... deficiencies in its construction and design. Are you suggesting that the proper response to the manufacturer's saying "I don't care" is replying "Oh, how wonderful, this means all is right in the world then"..?

      --

      Kaa
      Kaa's Law: In any sufficiently large group of people most are idiots.
    8. Re:French Court: "Surrender Now" by Ohreally_factor · · Score: 5, Insightful

      If a company doesn't fix a problem that's brought to their attention, published or not, they could be found negligent for damages as a result of that security hole.

      Read any good EULAs lately?

      --
      It's not offtopic, dumbass. It's orthogonal.
    9. Re:French Court: "Surrender Now" by Retric · · Score: 3, Insightful

      Can you really make a secure system?

      Yes.

      Security is not a hard problem. It does add to both the cost and complexity of a system though. The problem is most people avoid the issue or try and make some sort of wrapper around there software that makes it secure. Mostly it's people not separating the data that is moving though the system from the system it's self which leads to security problems. When you treat every interaction a system has with the outside world as a hostile transaction you can make vary secure software. But, few people really want to build secure systems, mostly its just get it out the door fast which is why you keep seeing companies with there pants down.

      As to your idea that some bugs are to expensive to fix well that's like saying well we made the bridge. It come in early and under budget, granted it would fall down if anyone ever tried to use it but hay that's not our problem. Yes, you can build a system that's not secure at lower cost, but if a bank get's hacked because they where using your software then clearly you did not do your job.

      PS: Yea, sorry that came off as a rant it just pisses me off that people accept that there systems can and will be hacked but hey so does everyone else's so it's ok.

    10. Re:French Court: "Surrender Now" by 4of12 · · Score: 4, Insightful

      Going public forces the publisher to fix the problem if it hasn't already, and it let's the public know that there's a problem and they should do an update.

      I agree, going to the author first with an exploit is good etiquette. And that going public afterwards is important, too, after some decent interval that is as short as possible.

      Public disclosure gives the software user a tool to test just how vulnerable he is and whether various stopgap measures provide adequate protection against the exploit. Public disclosure is better than just having exclusive disclosure to black hats and vendors, IMHO.

      --
      "Provided by the management for your protection."
    11. Re:French Court: "Surrender Now" by nurd68 · · Score: 5, Insightful

      Since folks moderated this so highly, here's more info:

      http://www.windowsitpro.com/Article/ArticleID/24 80 6/24806.html

      It's one of the conditions of being a "Gold Level" partner.

      Of course, this makes one realize how nonsensical the "window of vulnerability" arguments comparing Windows vs. Linux security are. For those of you who don't know, these arguments compare how much time time from announcement of a vulnerability to the time that the patch comes out. The F/OSS community is big into full disclosure, and the MS community isn't, so, the MS Window of vunlerability is almost always smaller, hence leading to claims that it's more secure. That is, until someone finds a bug that's been swept under the rug for a couple years and uses it to make the next Nimda.

    12. Re:French Court: "Surrender Now" by Mattcelt · · Score: 3, Informative

      Remember that this is the country that for a LONG time outlawed encryption outright. Businesses couldn't even use it to protect their internal communication... Then they complained when the US NSA got wind of some less-than-honest business practices Airbus was using to get a contract.

      They might be vying with the Aussie minister for the "world's biggest luddite" award...

      And as for the google debacle... if I were Google, I'd consider pulling out of France altogether. Let them see what a world without Google is like.

      It's not that I don't like the French, but geez, they seem to be exceeding the limits of common sense lately.

    13. Re:French Court: "Surrender Now" by WhiplashII · · Score: 3, Interesting

      I agree that people could do far more than most currently do, but a "secure system" is a myth. My servers run full custom Java code, all data access is handled by wrappers that isolate the data to make various insertion attacks impossible, but it is not unhackable.

      For instance, if a flaw is found in the DNS library for linux such that if you look up a specific hostname you can take over the machine - you could pass that parameter as your email address. When the email address is checked for validity, bam - there goes the server.

      Computers, specifically OS interactions, have gotten so complex that security can only be increased, not achieved.

      --
      while (sig==sig) sig=!sig;
    14. Re:French Court: "Surrender Now" by nurd68 · · Score: 3, Insightful

      Actually, I purposely didn't, because the /. engine coders really piss me off in this regard. Auto detecting a URL and having your submit handle it correctly isn't hard. Why impose that burden on a user? It's just bad design (and I've never heard any rationale justifying it). Most blog and WiKi engines do it this way, why not Slashdot?

    15. Re:French Court: "Surrender Now" by xmp_phrack · · Score: 3, Insightful

      If you discovered this exploit then so can someone else.

      why do you think ~el8, PHC, AcidBitches, and other anti-sec groups want to outlaw exploit code? once we go to a vendor-only or non-disclosure system, blackhats will rule the roost. if exploits are outlawed ...

    16. Re:French Court: "Surrender Now" by Noryungi · · Score: 4, Informative

      Anyone on Slashdot have an understanding of the principles of French Law?

      Yes, I do. I'll try to answer your questions as best as I can.

      What sort of constitutional free speech protection does a French citizen have?

      Free speech is guaranteed, under French law, through (a) the 1789 Declaration of Human Rights, which is a part of the 1958 V Republic Constitution (Google is your friend if you want an English Translation of this text), (b) the UN Charter on Human Rights, of which France is a part and (c) the different European Community treaties, which also protect free speech.

      Please note: The biggest difference with American Law is that 'hate speech' (anti-semitism, racism, fascism, nazism, Holocaust denials, etc) is specifically forbidden under French Law, and will be prosecuted. Anything else is allowed, except that the French government also reserves the right to censor publications in the name of 'national interest' (read: secrets of state). This censorship is very rarely used these days, however.

      Does this ruling actually set any sort of precedent? That would be bad news for both freedom of speech and academic freedoms.

      French Law does not recognize 'precedents'. It recognizes the primacy of law (vs precedents) and French courts do not have to follow precedents (previous decisions) taken by other court, in the absence of a binding law . If a binding law exists, the court has to respect that, and not any precedents.

      This means that, if I publish vulnerabilities on product foobar from French company XYZ, and I am dragged into court, I may well be cleared of all charges. Also, if I win a case, company XYZ would have to pay for both its legal fees and mine. This is a strong deterrent against frivolous lawsuits.

      Of course, the reverse is also true: a future decision may refer to a previous decision (precedent) and condemn me. That's when the legal games and fun begin, so to speak...

      didn't they actually fine him for something else, suspend the fine, and then use the threat of the suspended fine to incent him to stop publishing?

      No, Guillermito was fined because he used an illegal (pirated) copy of the software to find the vulnerabilities he published. Despite the harsh tone of the ruling, he was not really 'fined' ('sursis' means he does not have to come up with the money).

      But, in any case, the court did not render a decision on the crucial matter of finding and publishing vulnerabilities, only on the use of an illegal copy of the software. Seems to me the judges were pretty pissed-off by the hysterical attitude of Tegam (the company who brought the lawsuit).

      Hope this clears up a few things!

      --
      The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
  2. Blame the victim by Doc+Ruby · · Score: 4, Insightful

    What about Tegam? They published the exploit in every copy of Viguard. While telling everyone it would protect them. Why aren't they guilty? What kind of crappy lawyer lets their client get punished for telling the truth about dangerous products?

    --

    --
    make install -not war

    1. Re:Blame the victim by scottennis · · Score: 4, Funny

      Software? A 'dangerous' product? Well, I did hear about a guy who lost his eye to an early version of Windows, but that was a really freak accident.

      Seriously though, you have a point. If a gas station was selling gasoline with sugar in it (very bad for your car engine) they would be liable for damages. It seems, however, that sofyware companies have no liability for their crappy product. Must be due to those lengthy licenses you agree to by opening the package.

      Maybe gas stations should start printing up a 'licensing' agreement on their pumps.

      "Notice: By lifting the handle, you agree to check the compatability of this product with your vehicle, etc., etc."

  3. Contrary by Ghetto_D · · Score: 5, Funny

    I'm sure just to spite France President Bush will make it mandatory for all programmers to post exploits.

  4. France by clinko · · Score: 4, Funny


    IF instr(HEADLINE, "FRANCE") > 0 THEN
    PONDER_FRENCH_MATTERING
    LAUGH("FRANCE")
    ELSE
    READ_ARTICLE
    END IF

    It's VB (SCREW YOU FOR JUDGING ME!)

  5. No details by JaxWeb · · Score: 4, Informative

    You may notice the article has no details.

    I did a Google News Search and found this one which is much better.

    Also, the guys own website.

    Hope this helps.

    --
    - Jax
  6. Re:Just another reason to hate the French.. by Hiigara · · Score: 5, Interesting

    Well, let's see, they provided weapons, military training and aid to the American Colonists in the Revolutionary War. They developed the most heavily armored and gunned tanks during the early German Blitz, one French Char B1-Bis held up an entire German Division for an entire day. One little short frenchie with a bad attitude almost conquered the entire world, twice.

    They've developed nuclear weapons, were one of the original founders of the European Union, who's Euro continues to dominate the American Dollar. They were one of the first modern countries to pick on the buzzword "Democracy" long before a bunch of colonists got pissed at their King's latest tax law.

    Oh, did I mention numerous American, Australian and British courts have upheld the same reverse engineering proof of concept rulings?

    You Sir, are an uneducated bigot.

    (Note: I am not anti-American, I'm just hitting him where it hurts. :))

  7. Did you read the articles? by Anonymous Coward · · Score: 3, Informative

    I did read the article and the link in it to a previous article. The previous article stated that his exploit code was judged to be an illegal copy of Teagam's (or whatever their name is) code. I'm not sure exactly where you are getting the idea that his antivirus copy was not legitimate, but this conclusion does not seem to be supported by the articles.

  8. This puts people out of business... by JRHelgeson · · Score: 4, Informative

    There are top notch security experts in France, specifically the folks at K-Otik http://www.k-otik.com/

    I'm a security consultant and I look to these folks as a source of reputable information. I spent a LOT of time on their site when Microsoft was trying to deal with the fallout of the MSO3-026 vulnerability which begat the MSBlaster worm. I even got the source code for blaster from the K-Otik crew.

    This is going to have huge ramifications if it is interpreted as described here.

    --
    Good security is based upon reality and common sense. Common sense is a function of having common knowledge.
  9. Debugger forbidden... by vidarlo · · Score: 5, Insightful

    Richard Stallmann has written a text about a future scenario, where owning debuggers is forbidden. It's recomended reading, and at least has showed me why we have to fight for our rights! The Right To Read also carries a informational part, which is non-ficitional, and highly interesting reading. Both parts is here

  10. France is stupid (-1 Flamebait) by Knights+who+say+'INT · · Score: 5, Interesting

    There used to be a great geocities-like free web space provider called altern.org.

    I say geocities-like so you get the picture, but it was nothing like geocities. No nonsense interface -- all text, no pictures, no ads --, great webmail interface -- again, all text, no pictures, no ads. It was also the first (maybe the last, I just got my own paid hosting when it got ultracheap -- it wasn't, in the day) free web space provider to support PHP.

    Yes, PHP. In the days where extensions were .phtml. I actually only began mucking around with PHP and server-side scripting because altern.org offered it. I still cook up some solutions with PHP and MySQL -- something that'd never have happened without mr. Valentin Lacambre's Flying Circus.

    Apparently, the whole thing was ran by a techno-anarchist who prophecized in the future technology would make working unnecessary yadda yadda yadda. A sort of techno-optimist Guy Debord.

    One day, one of altern.org's free websites had a parody of a France Telecom logo. Tartalacrem, if I'm not wrong. Legal hell ensued.

    Not only it wasn't covered under any kind of fair use provisions, but France Telecom sued VALENTIN LACAMBRE, THE GUY WHO RAN THE FREE SERVICE.

    Courts rejected his defense of not being responsible for everything hosted in his server as anyone could anonymously host content. Mr. Lacambre was forced to pay up fines and was told he was still responsible for anything held in altern.org.

    So altern.org was taken down. That's France, folks.

  11. Where's the real info? by k98sven · · Score: 4, Interesting

    Sorry, but the source here is a Blog post, which in turn refers to the convicted guy's home page.

    Nowhere does it say what, exactly the guy was convicted of, or why. So how are we possibly supposed to be able to react to this?

    I have a hard time accepting statements like:
    This ruling can cripple the security research in France, making it illegal to publish security vulnerabilities or the proof thereof by reverse engineering. Without being able to tamper software the actually studying and consequent publication of vulnerabilities is made impossible.

    Without seeing the judgement or at least a description of it from a neutral source.

    Reverse engineering is legal in Europe, and is a protected right under European law. (91/250/EEC, article 6.)

    I have a strong feeling the whole story is not being given here.

  12. Don't pick on corporations- or cooperate by panurge · · Score: 4, Interesting
    This is like the McLibel case in the UK. In short, two individuals passed out London Greenpeace leaflets criticising a well known fast food chain. They were sued for libel. After a trial costing millions, in which the defendants were not legally represented because they could not afford it and the UK government refused to assist them, the judge awarded derisory damages. Both the UK Government and the fast food chain spent a lot of money buying lawyers yet another country mansion, yacht etc. The European court has just ruled the trial unfair for this reason, and tghe fast food chain has just had a second huge swathe of adverse publicity as the original case is dragged up again and the sheer unfairness of large corporation versus small individual is rehashed.

    In this case an appeal to the European Court on grounds of effective suppression of fair comment sounds as though it might just be possible if funds were somehow made available. It seems on the fac of it obvious that the real reason for the case was a corporation trying to prevent any adverse publicity and using its superior economic power to get the decision it wanted, but it will need expensive experienced judges to point out what seems obvious to the majority of people.

    --
    Panurge has posted for the last time. Thanks for the positive moderations.
  13. Ruling make illegal? by Zphbeeblbrox · · Score: 3, Interesting

    It has always annoys me when people say a ruling makes something illegal. Rulings don't make something illegal. Laws make things illegal. Rulings just enforce those laws. So either it was already illegal in the law or the court overstepped their bounds. Happens all the time here in the states. The courts say something is illegal and we just blithely go on about our business never once questioning whether they have the right to create law or not.

    --
    If you see spelling or grammatical errors don't blame me. I tried to preview but IE here at work borked the CSS
  14. As usual, only 1 side of story is presented by Anonymous Coward · · Score: 3, Informative

    Tegam refutes his claims...

    and

    Tegam is adamant that Tena's claims are false and his motives are questionable.

    BTW, was it already illegal in France to do what he did? If so, then the people should get the laws changed, not trash the judeges and judicial system for doing their jobs by upholding them...

  15. Re:Extortion? by SydShamino · · Score: 3, Interesting

    Let's say you are a mechanic, and you find an problem with a particular brand of car that could cause it to explode when, say, it was hit from behind.

    Let's say you tell the automotive manufacturer about it, and he claims that your research was flawed and there was no problem, or he just says "ok we'll look at it" and does nothing for four years.

    Let's say that, after those four years, you start reading stories of people dying "mysterious" in explosions during crashes in those cars. You tell the vendor again, but again they deny that their problem is causing the deaths, and they even deny that you contacted them about the problem four years before.

    Do you continue to keep quiet, and let people die because telling the public about the problem would be "unprofessional"?

    Would you have told the public after giving the manufacturer a month to find a fix, so everyone would know about the problem and could participate in the recall?

    Would you have told the public as soon as you found the problem, so people could choose to not use the car while a fix was being designed?

    What do YOU think is the professional thing to do?

    --
    It doesn't hurt to be nice.