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Consultant Convicted For Non-Invasive Site Access

Phillip P Barnett writes "Security consultant Daniel Cuthbert worried that he'd been stung by a phishing scam when he donated to a Tsunami relief effort in London, UK. He was convicted for hacking and lost his job after running a couple of checks on the website in question." From the article: "During the trial, Cuthbert's defence argued that any unauthorised access was entirely innocent. In evidence it was shown that he had attempted to access the tsunami donations site on two occasions and the site's security systems had denied him access. The defence also pointed out that Cuthbert had not attempted to defraud the site." ZDNet also has a commentary piece on what this decision may mean for the future of cybercrime.

377 comments

  1. seems like there could be more to this story. by yagu · · Score: 4, Insightful

    I can't help but suspect there must be more to this story than is being put forth. Part of me wants to believe his defense, "he never tried to defraud", but my distaste for legal mumbo jumbo makes me wonder more about the specifics:

    • He tried to access the system twice and both times was denied access. What does that mean? Was he trying to gain access to a part of the system where access to sensitive information was stored? Was he trying to login, but not knowing how to?
    • He never tried to defraud: What does that mean? Is it because he never gained access? If so, was his intent to try and defraud had he gained access? (In my opinion, if that were the case, he certainly should be considered to have tried to defraud.)
    • Another defense argument is this guy's actions were merely attempts to verify legitimacy of the fund raising site. So, what exactly was he doing to verify? (And why wouldn't he take more traditional avenues such as Googling, etc. What are the implications of every cynical user of a site attempting "access" to verify legitimacy?)
    • Has this guy done other things and now authorities, etc., are just using technicalities to shut him down?

    On its face, this looks like serious stuff with serious consequences for seemingly innocent activity and should give pause to any internet users, but I suspect there's more to it than meets the public eye.

    1. Re:seems like there could be more to this story. by ArsonSmith · · Score: 4, Insightful

      yea, at one time I was clear you could either tell the truth or you could lie. After reading the news you learn of this entire huge gray area called spin. It's amazing and opens the door for all kinds of emotional out bursts.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    2. Re:seems like there could be more to this story. by Red+Flayer · · Score: 4, Informative

      RTFA.

      "Instead, Judge Purdy found Cuthbert guilty, because he had initially lied to the police about what he had done; Cuthbert originally told the police one story and later changed it."

      British Law says that if you know you are not allowed access, you cannot attempt to circumvent system security.

      What makes this case so interesting is:
      "This is thought to be the first time that a judge had indicated that -- despite the letter of the act -- knowingly accessing a system when unauthorised to do so is not necessarily a crime. "

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    3. Re:seems like there could be more to this story. by Philip+K+Dickhead · · Score: 2, Interesting
      I access sites like this - with links, lynx, wget and curl ALL THE TIME!


      This is how you know who to trust - if there is a possible MITM and hidden re-direct, etc.


      If this is illegal, then it is illegal to automate these actions as well.


      The conclusion from this is that web-spiders are a form of 'hacking', and Google is in violation.

      --
      "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
    4. Re:seems like there could be more to this story. by gormanly · · Score: 5, Informative
      He tried to access the system twice and both times was denied access. What does that mean? Was he trying to gain access to a part of the system where access to sensitive information was stored? Was he trying to login, but not knowing how to?

      Directory traversal, and using lynx.

      He never tried to defraud: What does that mean? Is it because he never gained access? If so, was his intent to try and defraud had he gained access? (In my opinion, if that were the case, he certainly should be considered to have tried to defraud.)

      He gave them £30 (at the time, ~ US$58). This is the opposite of defrauding them...

      Another defense argument is this guy's actions were merely attempts to verify legitimacy of the fund raising site. So, what exactly was he doing to verify? (And why wouldn't he take more traditional avenues such as Googling, etc. What are the implications of every cynical user of a site attempting "access" to verify legitimacy?)

      He clicked on a banner add to donate to the UK's Disasters Emergency Committee's appeal for the December tsunami in Asia, and got no confirmation page. His first thought was that this was a phising site and he'd been scammed. So he panicked and tried the directory traversal...

      Has this guy done other things and now authorities, etc., are just using technicalities to shut him down?

      No. This was AFAIK his first offence of any sort at all - and now his career's in ruins.

      The Computer Misuse Act (1990) is an apalling piece of shoddy law - speaking as an IT professional who's actually had to read it. The only thing it's good for is threatening users.

    5. Re:seems like there could be more to this story. by Cally · · Score: 3, Informative
      As a UK-er concerned with "hacker rights" I've been following this case since it was first announced. Actually (tho' you are right to be cautious and sceptical of such stories), you're wrong: not only is it as bad as it seems, it's actually many times worse. Informed rumour in the UK scene / community has it that the "unauthorised access" of which he was accused consisted of adding " ../ " to the end of an URL. (Try checking boingboing.net's coverage, or that of NeedToKnow (ntk.net).)

      BT's IDS monitors must suck fat donkey's cock; I shall certainly be doing everything I can to avoid putting work in the way of these clowns, and making sure no company that asks me to interview an ex-BT Infosec person will ever hire them. The PHBs at BT (the ones reponsible for seeing the sort of IDS false positive that fill our logs on a daily basis and calling the cops to boot in the door of this uber-haxx0r who was, uh, doing it from his own personal computer (rather than bouncing thru anonymous proxies or other hacked machines) and effectively destroy his career need to be treated with utter contempt and derision for their appalling lack of clue, common sense, and for behaving like what we used to call "little Hitlers". Fuck them. I would not be AT ALL surprised if some of the *real* kiddies out there adopt this unfortunate victim and start defacing sites with calls for him to be exonerated - after all he's infinitely less guilty than Mitnick ever was.

      Today I'm disgusted and depressed by the technical illiteracy not only of the police and justice system (which we expect) but of the people hired to host the site. Fuck BT, and may 'OpenRetch' signal the beginning of the end for this first, and most evil monopoly telco ever to blight the bright future of telecoms and technology in the country they battened on to. (Yes, they're supposedly not a monopoly any more, but despite being privatised in 1984(!!) they are only now finally allowing the local loop to be prised from their cold, morally-dead fingers.)

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    6. Re:seems like there could be more to this story. by cybergrunt69 · · Score: 3, Insightful
      Ummm, the story says he was using lynx, and a paragraph further down, it says he clicked on a banner ad in order to get to the site.

      WTF? Is it just me, or does it seem really strange that he "clicked on a banner ad" while using lynx? He subsequently made a donation to them, and didn't see a confirmation page. Maybe I'm not up-to-date enough on lynx, but last time I used lynx, it didn't want to play very nice with a number of asp/js pages. And what kind of self-respecting geek (and a security expert no less) pays attention to banner ads, much less follows them?

      I full-heartedly agree with the end of the article though. Even though he should get a slap on the wrist for misleading (lying) to the cops, that should NEVER be an excuse for a guilty verdict! That's just asking for less cooperation. Why should his peers have any reason to help out the police more? Seems to me, tactics like that are bound to hurt them, not help instill a sense of cooperation...

      --
      --- "To ignore race and sex is racist and sexist!" -- Jesse Jackson
    7. Re:seems like there could be more to this story. by fatgav · · Score: 1
      Directory traversal, and using lynx.
      Followed by...
      He clicked on a banner add to donate to the UK's Disasters Emergency Committee's appeal for the December tsunami in Asia, and got no confirmation page. His first thought was that this was a phising site and he'd been scammed. So he panicked and tried the directory traversal...
      So he clicked on a banner ad in lynx? Sounds fishy to me.
    8. Re:seems like there could be more to this story. by afd8856 · · Score: 1

      Reading your comment, I have such a deja-vu feeling... I even checked if slashdot is not fucked up and it shows an old story.
      Wasn't some guy in UK under suspicion for hacking because he used lynx?

      Btw, I use very often elinks2 (links) and that has frames and mouse suport (and with more effort even images), and I click stuff it it a lot of times. The banners are most of the times "accesible" with alt text, sometimes that text is more appealing than a graphic that we tend to ignore.

      --
      I'll do the stupid thing first and then you shy people follow...
    9. Re:seems like there could be more to this story. by Saeed+al-Sahaf · · Score: 1
      I can't help but suspect there must be more to this story than is being put forth. Part of me wants to believe his defense, "he never tried to defraud", but my distaste for legal mumbo jumbo makes me wonder more about the specifics

      Exactly. It seems very popular these days for hackers to call themselves "security consultants"

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    10. Re:seems like there could be more to this story. by rainman_bc · · Score: 1

      British Law says that if you know you are not allowed access, you cannot attempt to circumvent system security.

      That's stupid. If I am submitting my credit card to a web store, I should be allowed to make a reasonable attempt to verify my credit card information is secure. If I want to ensure the database isn't accessible through an SQL injection attack, then I should (IMO) be allowed to test that, for my own safety.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    11. Re:seems like there could be more to this story. by MemeRot · · Score: 1

      Directory traversal? You mean just cutting off part of the url?

      How is this attempting to gain unauthorized access? There's no rule saying the only way to get to a part of a site is by clicking links as far as I know.

    12. Re:seems like there could be more to this story. by Anonymous Coward · · Score: 0

      But then how do they know you aren't trying an SQL injection attack? Do you send them a "just testing" message too? Right or wrong, I think the argument is that "testing" perimeter defense is similar to "testing" the security of an airport or bank. It best be done by professionals, with ample notification and approval.

    13. Re:seems like there could be more to this story. by Red+Flayer · · Score: 1

      "If I am submitting my credit card to a web store, I should be allowed to make a reasonable attempt to verify my credit card information is secure. If I want to ensure the database isn't accessible through an SQL injection attack, then I should (IMO) be allowed to test that, for my own safety."

      Well, if you don't trust the web store, don't use your credit card. That's just common sense.

      Yes, the law is broad -- which is why it is newsworthy that a judge is interpreting the law a little differently this time around. Please read the articles (particularly the second linked article in the summary) for more info.

      The problem is the fear that the "I'm testing it for my own benefit" defense could be too easily used by people who are trying to hack the system for nefarious purposes -- these people would be unprosecutable unless they actually succeed, and even then, it would be difficult to get a conviction.

      That's why I welcome the interpretation that convictions would require analysis of prior actions and intent.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    14. Re:seems like there could be more to this story. by jasen666 · · Score: 1

      No, FIRST he clicked the link (in a normal browser), made a donation, and THEN when he got scared he used Lynx to try to look around.

      Is this really all that hard to follow?

    15. Re:seems like there could be more to this story. by Evil+Grinn · · Score: 1

      Directory traversal, and using lynx.

      So if he had tried directory traversal using a different web browser, would that still have set of all this hoopla? It's not like lynx is the only web browser capable of letting the user enter a URL to be loaded..

    16. Re:seems like there could be more to this story. by rainman_bc · · Score: 2, Insightful

      Clearly though, he just gave money to this site. His intentions were not seemingly malicious at first. Seems like this guy was sincere. Must have been a slow day at the police station.

      I have, on occasion, tried an sql injection and directory traversal, just for the sake of it. See what I can find. Was never looking to deface a site, nor was I looking to steal information. Was just curious if the site was vulnerable, and would probably just report it to them, nothing more. I don't "hack" sites to try to gain access to unauthorized information because I'm a prick. I do it because I know how easy it is for a web developer to screw up on the code, and sometimes curiosity gets the better of me.

      I consider that action about the same as Michael Moore walking around Toronto trying people's doors to see if they were unlocked. Should he be put in jail for that? We have the evidance right?

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    17. Re:seems like there could be more to this story. by AB3A · · Score: 2, Funny
      But then how do they know you aren't trying an SQL injection attack?


      Aren't we supposed to assume innocence before guilt?

      Oh, wait, you're posting as AC...
      --
      Nearly fifty percent of all graduates come from the bottom half of the class!
    18. Re:seems like there could be more to this story. by Anonymous Coward · · Score: 2, Informative

      This is the same guy from the earlier story about Lynx. Read the article. The reason he got convicted wasn't so much about accessing the site, but because he made up the convoluted lynx story earlier.

    19. Re:seems like there could be more to this story. by Anonymous+Luddite · · Score: 2, Informative

      >> Today I'm disgusted and depressed by the technical illiteracy not only of the police and justice system

      Let's assume for a moment the judge didn't have _any_ technical knowledge.

      What he did know was that the defendant had lied to police while making his initial statement . I'm pretty sure the judge felt he was on familiar ground at that point. That is what got him convicted, not the technical aspects.

      Not only has this cost a man his job, but you luck Brits now have a case to be used as precedent. Better not type any URLS in manually, you might accidentally "hack" a system...

    20. Re:seems like there could be more to this story. by malakai · · Score: 4, Informative

      It looks like he initially lied to the police and said the the reason the IDS detected it as a hack, was because he was using Lynx. That is the first story that went around the net. He was on Solaris, using Lynx, made a credit card payment, and the IDS picked it up as a hack.

      Here's the original BoingBoig: http://www.boingboing.net/2005/01/27/jailed_for_us ing_a_n.html
      and then: http://www.boingboing.net/2005/02/11/supposed_tsun ami_cha.html

      In the end, despite his initial lie, all he did was try a directory traversal 'attack' (the ../ trick to try and break out of the root web directory). Not so much as an attack, as a query.
      Basically he was trying to answer: "Is this site vulnerable to this easily exploited flaw, and if so, I better call them or my Credit Card number is going to make it's waya round the russian mafia sites in no time".

      I don't doubt he was secretly hoping the flaw existed so he could get some fame saving a disaster relief web site.

      I guess then technically, if you click the following link, their IDS should flag it as a 'hack' and if you live in jolly ol'england expect a boot at your door: Don't click me or you go to Jail!

      If you try it out, let me know how fast their response time is.

    21. Re:seems like there could be more to this story. by arkanes · · Score: 1

      And that would make any fucking sense if what he was being charged with was lying to police or interering with a police investigation.

    22. Re:seems like there could be more to this story. by Red+Flayer · · Score: 1

      FTA: "Judge Purdy accepted that Cuthbert had not intended to cause any damage, and also pointed out there was almost no case law in this area."

      Also, there won't be a jail term, just a fine plus court costs (total of GBP 1,000).

      My comment was that intent and prior actions need to be considered (which you are also intimating), which is beginning to happen in the UK with this law. I didn't say the ruling was just, only that those factors should be considered.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    23. Re:seems like there could be more to this story. by droptone · · Score: 1

      Let's assume for a moment the judge didn't have _any_ technical knowledge.

      Then I think we have a bigger problem of judges not knowing the limits of their own knowledge. The defendent's testimony can be thrown out because it is unreliable, but if the judge doesn't insist on having expert witnesses to verify what the accused did was a crime then we are all royally fucked.

      What he did know was that the defendant had lied to police while making his initial statement ... That is what got him convicted, not the technical aspects.

      Then are are fucked if judges convict merely because someone lies.

      --
      Every post I make begins with the assumption P=~P.
    24. Re:seems like there could be more to this story. by Anonymous+Luddite · · Score: 1

      Yeah, It would make sense. In the real world, you get convicted of things based on the judge's perception of you as a person.

      My point in this case is that the judge apparently had the grounds under UK law to convict him, but could have shown mercy and discharged without conviction or found innocent. He chose not to do this because (according to the article at least) the defendent lied to police.

      If you take the time to RTFA, the judge says as much about the case - Defendent was a normal citizen, clean record and would have been found innocent, except he changed his initial statement to police.

      It's not so much that the perception of dishonesty convicted him, but prevented the judge in exercising his discretion to give it a pass..

    25. Re:seems like there could be more to this story. by Reality+Master+101 · · Score: 1
      If I want to ensure the database isn't accessible through an SQL injection attack, then I should (IMO) be allowed to test that, for my own safety.

      That's just silly. If I give my money to a bank, does that mean I should be allowed to try and rob it to make sure the money is safe? "Officer, I wasn't really going to rob the bank, I just wanted to see if I could break into the building and access the safe."

      There is NEVER an excuse to attack someone else's property. If you have questions about security, then ask the questions, or don't use them. Keep your virtual hands to yourself.

      --
      Sometimes it's best to just let stupid people be stupid.
    26. Re:seems like there could be more to this story. by cayenne8 · · Score: 2, Insightful
      " This is the same guy from the earlier story about Lynx. Read the article. The reason he got convicted wasn't so much about accessing the site, but because he made up the convoluted lynx story earlier."

      Well, I guess that pegs it. The most important thing to remember, if the police come to ask you ANY questions, do not answer them. Get a lawyer, and talk through him.

      The way things are going today...whether or not you have done something, it is getting dangerous to talk to the cops about anything.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    27. Re:seems like there could be more to this story. by j-turkey · · Score: 1
      The problem is the fear that the "I'm testing it for my own benefit" defense could be too easily used by people who are trying to hack the system for nefarious purposes -- these people would be unprosecutable unless they actually succeed, and even then, it would be difficult to get a conviction.

      This reasoning has provoked some questions.

      First: Is the problem of cracking for nefarious purposes so rampant that a legitimate defense must be ignored due to potential for abuse?

      Second: Is paranoia about nefarious cracking so rampant that legitimate use in an out-of-the-ordinary fashion by people 'in the know' a threat to us all?

      That's why I welcome the interpretation that convictions would require analysis of prior actions and intent.

      This would be wise.

      --

      -Turkey

    28. Re:seems like there could be more to this story. by austad · · Score: 2, Interesting

      Interestingly enough, I've seen "../" in queries from search engines on my site while they were indexing it. Apparently looking for any and all content they could index. Does this make google and yahoo criminals also?

      --
      Need Free Juniper/NetScreen Support? JuniperForum
    29. Re:seems like there could be more to this story. by cayenne8 · · Score: 1
      "How is this attempting to gain unauthorized access? There's no rule saying the only way to get to a part of a site is by clicking links as far as I know."

      That's exactly what I was thinking. This is the natural way directories and such work...typing it by hand is a crime now?

      Geez, often if I want to look more closely at an image, or maybe the .css file for a page...I do 'view source', find the path to the file in question, and open it by itself to see how things are done, etc.

      Is this now a hacking crime?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    30. Re:seems like there could be more to this story. by austad · · Score: 1

      No, you wanna click this link. :)

      --
      Need Free Juniper/NetScreen Support? JuniperForum
    31. Re:seems like there could be more to this story. by Red+Flayer · · Score: 1

      Well, to answer your questions:

      1) I believe, no. There is no reason to disregard legitimate defenses.

      2) The law dates to 1990. I don't think that MPs understood then the repercussions of the law they passed. At the time, "hacking" was a big fear of the public, and the law helped assuage those fears and encourage adoption of the web as a place for commerce.

      Of course, some of it was probably just politicians trying to score points with the public.

      I'm glad that attention is being brough to this, and either a change in the law, or different enforcement of the law, is forthcoming (that's the Its-Friday-glass-half-full effect in action).

      The law is broken as written.

      The other thing that bothers me about this conviction is that the judge admitted that ill intent was not present... the guy is getting punished for making a false statement, which I'm sure is covered by another law that they should have prosecuted him under.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    32. Re:seems like there could be more to this story. by Anonymous Coward · · Score: 0

      You still do not get it.
      He was convicted of essentially "hacking", not lying to the police or anyone else.
      The judge cheap shotted him.
      I am sure you will understand when your 12 yr old downloads a protected song and you get sued for $20k.

      This case effectively redefines hacking to typing on your computer keyboard.
      Directory transversal?? WTF?
      Wake up to the real issues here.

    33. Re:seems like there could be more to this story. by Dachannien · · Score: 1

      Sometimes I'll do a Google search for something, and find a document that's closely related, but there's no link on that document to a page on the same site that lists other similar documents (like, for example, I get Chapter 2 in a Google search and want to get to Chapter 1). So what I'll do is delete the "chapter2.html" from the end and hope I get an index.html or a plain directory listing.

      Are we saying that I'm now violating computer criminal statutes (or would be, if I lived in the UK) when I do that?

    34. Re:seems like there could be more to this story. by klept · · Score: 1

      Too bad you dislike legal mumbo jumbo. It's what protects us from being a police state. But then you seem to imply it is ok for the cops to use "legal technicalities" to convict someone they "deem" a criminal. "A policeman's job is only easy in a police state"- the movie Touch of Evil

    35. Re:seems like there could be more to this story. by Anonymous Coward · · Score: 1, Insightful

      Here's a legal puzzle, then:

      "British Law says that if you know you are not allowed access, you cannot attempt to circumvent system security."

      So, what happens if the only way to determine you are not allowed access is to attempt access and fail (e.g., "403 Access Forbidden")? I guess I'll be in trouble if I attempt to access a site in the UK, get a "403", and then fiddle with the URL (e.g., change the spelling or change a .htm to .html) to see if the original URL simply had a typo.

      Perhaps the only way to be sure not to be charged for "unauthorized access" attempts would be to never visit a UK site again after getting the first "403" error.

      "I'm sorry, sir, but we've charged you because the site clearly said in plain English: 'Access Forbidden'. You should have heeded that warning once you knew it wasn't allowed. Confiscate that laptop and cuff him, Bob."

    36. Re:seems like there could be more to this story. by shmlco · · Score: 1
      That's stupid. By that "logic", you should also port scan and try every known buffer overflow exploit. How about sending them a few worms and trojans?

      If you don't trust a vendor enough to give him a credit card number, then send a money order or quit trying to save twenty-nine cents and buy from Amazon.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    37. Re:seems like there could be more to this story. by rpresser · · Score: 1

      More to the point, NEVER LIE TO THE POLICE.

      You can refuse to answer questions if you believe it is prudent. But lying is just plain stupid.

    38. Re:seems like there could be more to this story. by MindStalker · · Score: 1

      Lucikly banks are covered by insurance. But if my bank wasn't insured and left money laying around so that I would might try pulling on the locked doors at the entrace one time just to check. If that was unlocked I wouldn't go in but I'd notify someone. So yes.

    39. Re:seems like there could be more to this story. by yagu · · Score: 1
      legal mumbo jumbo. It's what protects us from being a police state

      No, the laws are what keep us from being a police state, and hopefully, the constitution. Legal mumbo jumbo cuts both ways. I bristle when legalese is used in overly technical and idiomatic ways to skew a story, a trial, anything. Both sides do it, both side shouldn't (always a strange and delicate balance between that and a most vigorous defense of a defendant).

      you seem to imply it is ok for the cops to use "legal technicalities" to convict someone they "deem" a criminal.

      Actually, more correctly, you seem to infer. No other posts have given any such interpretation of my comments. But, if you interpret my position as such let me clarify. I don't believe in legal technicalities as tools to convict... but, I have encountered situations where someone is known to be commiting crimes, doing bad things (corporate setting, e.g.) and because of their slipperiness, the germaine governing "body" nails them for any infraction otherwise. This was how Al Capone and friends were finally nabbed by convicting them on tax evasion, though all knew that was hardly their most egregious offense.

      But as for using technicalities to convict for the sake of convicting someone? No, definitely not something I agree with.

      Good feedback, thanks for the comments.

      Regards... yagu

    40. Re:seems like there could be more to this story. by cayenne8 · · Score: 1
      "You can refuse to answer questions if you believe it is prudent. But lying is just plain stupid."

      The thing is...they CAN lie to you...but, you can't lie to them? That doesn't seem fair....

      Why is it ok for them to lie to you, but, not for you to lie to them?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    41. Re:seems like there could be more to this story. by Anonymous Coward · · Score: 1, Insightful
      What he did know was that the defendant had lied to police while making his initial statement . I'm pretty sure the judge felt he was on familiar ground at that point. That is what got him convicted, not the technical aspects.
      And that would make any fucking sense if what he was being charged with was lying to police or interering with a police investigation.
      He was not convicted of lying. He was convicted of intentional unauthorized access. The lying created a reasonable suspicion that he was trying to hide such intent. An ordinary person could refute that suspicion with their testimony, but a proven liar cannot.

      Never lie to the cops. Never. And be careful with the truth, too; you never know how the prosecutor will twist it.

    42. Re:seems like there could be more to this story. by Anonymous Coward · · Score: 0

      Is this the same Dan Cuthbert who used to work on Smoothwall?

    43. Re:seems like there could be more to this story. by Anonymous Coward · · Score: 0

      An attack is something that is intended to do or actualy does harm. You should be able to check if the bank locks their doors at night, including backdoors, if they are accessible.

    44. Re:seems like there could be more to this story. by dotgain · · Score: 1
      You shouldn't get 403 Forbidden, you should get 404 Not found.

      If you get a 403, either the server is misconfigured, the sysadmin is misconfigured, or you hit a 'login required' area where you'd have to use a password, and didn't have one. In which case you'd already know. I guess fiddling with the URL after the latter case would contravene this law, but I can't remember the last time I've seen one.

      Aside point: the law says what you can't do when you aren't allowed access, but what if you are?

      Does anything in it cover what you can't do when you are allowed (limited) access?

    45. Re:seems like there could be more to this story. by arose · · Score: 1

      My browser (Epiphany) even has a toolbar button to get to the parent directory, is it a hacking tool because of that?

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    46. Re:seems like there could be more to this story. by dotgain · · Score: 1
      So he clicked on a banner ad in lynx? Sounds fishy to me.

      No, it's phishy. Get with the times.

    47. Re:seems like there could be more to this story. by pariax · · Score: 3, Interesting

      There could be more to this story. But unfortunately, there really isn't.

      The simple truth is that Dan is a top notch security guy, who had a prestigious position as lead penetration tester within an investment bank. He is also well known in the app-sec community, and his contributions to OWASP have been fundamental to the widespread success of that organization.

      He was working overtime on New Year's Eve, alone in the office, during a time when most people were already well into their third or fourth pint.

      During the course of a sanctioned pen-test he saw a banner ad for Tsunami relief and followed it. He then proceeded to make a donation for £30 which failed to return any confirmation of success. Those of you who read http://it.slashdot.org/comments.pl?sid=164612&cid= 13741471 can see that the construction, legal organization, registration, and execution of the site are suspect.

      Yes -- in the course of his work part of his regular duties were to identify phishing sites. So by this point something definitely appeared amiss. A quick ../ against a sloppily constructed phishing site could easily reveal a webroot of vhosts like ebay.com, paypal.com, hsbc.co.uk, etc. etc. And as a fellow penetration tester myself I can attest that in the days prior to his arrest, few in the security community would think twice before traversing directories. How could a valid URI that's RFC compliant be a violation of law?

      Come on now. We all know what an attempt is at unauthorized access. Brute forcing an auth form overnight -- yes, that's certainly a (noisy and ridiculous) attempt at gaining unauthorized access. Checking for SQL injection (my name is John O'Callaghan, really!)ok sure. But "../" ?? Christ. What is this world coming to?

      And now -- with respect to the judge coming down on Dan hard because he allegedly "lied" about his story, I would ask you to refrain from comment because it has not been established that Dan materially changed his story between the time of his initial police interview and when he took the stand to testify. At the time of his initial interview he may not even have remembered doing anything even remotely out of the ordinary (remember, ../ is something we all do from time to time, even if it's just to avoid hitting the *back* button on the browser!)

      So before you all throw him under the bus I suggest you try and imagine what it would be like to be a professional, law abiding, upstanding member of the community, and then to have the cops bust into your workplace, cuff you, and then carry you out for questioning -- informing you that your residence is being searched, and your computers seized. I ask you if you would be cool and composed and have your facts recollected as perfectly as you would after 9+ months of time to think about it.

      Anyway -- I think that this case represents a serious lack of understanding on the part of the legal system. An inability to understand the *technical* difference between a malicious attack (aimed at gaining unauthorized access), and the actions of a computer savvy philanthrope who wanted to verify that the donation he had just made wasn't on its way to a .ru bank account.

      Only time (and perhaps an appeal) can heal the wounds that Britain's legal system, as well as its information technology security industry experienced yesterday.

    48. Re:seems like there could be more to this story. by arose · · Score: 1

      Did he actualy lie? Manualy changing the URL is a daily occurence for many people, thinking that someone found Lynx usage suspicious might have been the first thing he could imagine when questioned.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    49. Re:seems like there could be more to this story. by Reality+Master+101 · · Score: 1
      Pulling on the front door is the equivalent of bringing up the home page of a web site. Both are expected actions to gain entry into the business.

      Rattling the back door of a bank (as the AC gave as an example) might just get the police asking you some questions about what the hell you're doing skulking around on private property.

      --
      Sometimes it's best to just let stupid people be stupid.
    50. Re:seems like there could be more to this story. by Davorama · · Score: 1

      No, they mean putting in some extra ../ in there to try to get to something you should not be able to if the machine is properly patched and configured. Something outside of the document root. Putting in ../ is not part of normal messing about with URLs that is occasionally helpful in moving around a website.

      --

      Davo -- Free speech, free software, AND free beer.

    51. Re:seems like there could be more to this story. by Teun · · Score: 1
      The Computer Misuse Act (1990) is an appalling piece of shoddy law - speaking as an IT professional who's actually had to read it. The only thing it's good for is threatening users.

      At least it's just limited to this half-submerged mountain range in the eastern Atlantic.
      So I only have to feel sorry for my pale-faced red-thatched friends. :)

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    52. Re:seems like there could be more to this story. by Anonymous Coward · · Score: 0

      Dude - you dont know shit. I laugh at your response cant wait to meet you face to face.

    53. Re:seems like there could be more to this story. by soft_guy · · Score: 3, Informative

      If you are smart, you will assume everything a policeman says is a lie.

      Every time I have interacted with the police, they have told me a lie like "You were going so fast I didn't think I would be able to catch you!" (I was going 45 MPH on a small stretch of road where the limit dips from 50 to 35 for a brief period while its technically "in a town". Yes, I was speeding, but to say that he couldn't have caught me was ridiculous hperbole.

      Another lie: "No, there's way we can ever catch the person who shot your house with paintballs". While the guy was telling me this, another officer radioed him to say they had pulled over a group of teens 2 blocks from my house who all had paintball guns and were shooting up the neighborhood.

      Another police lie: "Your friend has already confessed that the two of you commited armed robery." The circumstance was that I was in college and they pulled over me and my friend on suspicion of armed robbery. Apparently two guys in a van had robbed someplace the week before and my friend who I went to lunch with had a van. Since we hadn't commited armed robbery, I knew the policeman was lying. I was too scared to actually say that he was lying (i.e. I didn't say "You are a dirty liar."), but I did say that I did not rob anyone. Of course, in the next room they were telling him the same thing. Fortunately the victim came down and looked at us and said, "No, these were not the guys who robbed me."

      --
      Avoid Missing Ball for High Score
    54. Re:seems like there could be more to this story. by DavidTC · · Score: 1
      The weird thing is, that link goes to ../.., but is actually showing up in Firefox as just going to /

      When you click on it, Firefox goes to /, like it claims.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    55. Re:seems like there could be more to this story. by Anonymous+Luddite · · Score: 1

      AC, I didn't say at any point the law had merit or his prosecution made sense. RTFA, then go reread the posts.

      Dumb law or not, he was prosecuted and in all likelihood _would not have been_ had he been straight with the police from the outset.

      >> This case effectively redefines hacking to typing on your computer keyboard.

      That's basically what I said first time, AC. The point of my first post was essentially: this guy got convicted due to dishonesty and _now_ you have precedent of this dumb law being enforced.

    56. Re:seems like there could be more to this story. by Baricom · · Score: 1

      you hit a 'login required' area where you'd have to use a password, and didn't have one
      That's a 401 Unauthorized. By definition, a 401 is temporary until proper credentials are presented (note, this doesn't necessarily include a password. Pages that require things like hardware tokens would also present a 401.)

      In contrast, a 403 Forbidden means that you won't get the resource and should give up rather than keep trying.

      Sorry, but I can be pedantic when it comes to using the full vocabulary defined in a spec. For example, I think 410 Gone is on the web way too rarely.

    57. Re:seems like there could be more to this story. by bombshelter13 · · Score: 1

      That's a good point. If you're legally allowed access to the data (because you paid for an account giving you rights to that data), and are prevented by only technical problems from getting in, what are you allowed to do? If you have an account on a site, and it's login system goes down and won't allow anyone in, are you allowed to (non-destructively) hack your way in to access the data in your account anyway?

    58. Re:seems like there could be more to this story. by bombshelter13 · · Score: 1

      I think what they mean is appending ../ to the end of a URL in an attempt to sneak back to the previous directory.

      For instance, when you put in the URL http://www.foo.com/, that might map to the /usr/local/etc/httpd/htdocs folder on the webserver (or whatever, dependendant on your tastes in operating systems and web servers). But what if you put in http://www.foo.com/../? If the system's secure it should just redirect you back to /usr/local/etc/httpd/htdoc, but if the designers didn't catch this, it might drop you straight into /usr/local/etc/httpd/.

    59. Re:seems like there could be more to this story. by Anonymous+Cowpat · · Score: 1

      right, but what if you're skulking around in the back lane (which is public property)? they might ask you questions but they're unlikely to prove that you're doing anything wrong (and if they can, then the law that allows them to do so needs changing)

      --
      FGD 135
    60. Re:seems like there could be more to this story. by dnoyeb · · Score: 1

      My experience as well. They think everybody is guilty too.

    61. Re:seems like there could be more to this story. by Reality+Master+101 · · Score: 1
      (and if they can, then the law that allows them to do so needs changing)

      Yeah, try and remember that if you ever live adjacent to an alley and some slimeball is rattling your back door at 2am to see if they can break in. I'm sure you'll just happily roll over in your bed knowing they have the perfect right to test the locks of you and your family.

      In any case, I'd say few banks are directly adjacent to public property. It'd be sitting on private property.

      --
      Sometimes it's best to just let stupid people be stupid.
    62. Re:seems like there could be more to this story. by htrp · · Score: 1

      Where are you getting all of this info... I'm not seeing any of this.

    63. Re:seems like there could be more to this story. by Qu1n · · Score: 2, Insightful

      I am not going to rehash all the comments that has been made... However I do feel that the prosecution team in this case were not being 100% straight in court.

      Also I find it really strange that he was convicted under computer crime statues even though the judge was on record saying that had he not lied (I don't think we can assume he did) to the police he would have been aquited. Sorry but I am a bit confused here, Mr Cuthbert was found guilty of a crime under UK Computer crime statues for allegedly changing his story afer arrest.

      That seems completely absurd - if the judge wanted to find him guilty of some crime then how about wasting police time or something, that might have been a credible verdict but the verdict he did hand down is just dumb.

      It feels as though they wanted to take this opportunity to make an example of Mr Cuthbert and at the same time create some case law that can be used and abused just like the Computer Misuse Act was in this case - IMHO.

      In summary this smacks of the state pissing on the little guy - again. My feeling is that Mr Cuthbert's intentions were honerable and not malicious in any way and the tratment of him by the UK judicial system is disgraceful and the verdit unsound. If there is an appeal I feel sure the verdit will be set aside.

      Anyone else feel that the UK is becoming a police state and we'd be happoer, safer, enjoy more libery and freedoms without our rights being abused and trampled upon if we all just packed up our stuff and moved to some other country. I am going to draw up my list of possible emigration options after this.

    64. Re:seems like there could be more to this story. by klept · · Score: 1

      Thank you too for the reply. But I think if you want unwarrented legal mumbo jumbo stopped and the police to nail "Al Capones" for major crimes, you are just going to have to get competent judges and cops and prosecuters. The laws are there. They are not written for the crminals. And there have been good judges that wont put up with bs in their court, and they dont get overturned on appeal. Sadly competent people in our government are lacking today. Cops have told me that privately, and lawyers- well, if you dont have anything good to say about the judge, dont say anything. Have a nice weekend.

    65. Re:seems like there could be more to this story. by rtb61 · · Score: 1

      Yes never "lie" to law enforcement officials, just have a very bad memory and a very good lawyer ;-).

      --
      Chaos - everything, everywhere, everywhen
    66. Re:seems like there could be more to this story. by dotgain · · Score: 1

      Thank you for enlightening me. And yes, I agree with you about 410.

    67. Re:seems like there could be more to this story. by Anonymous Coward · · Score: 0

      I can vouch for the details as presented here (though it's up to you if you're willing to accept the word of an anonymous coward. I was working with Dan, at ABN Amro at the time, on the same team. There isn't any spin to what's been said above.

    68. Re:seems like there could be more to this story. by Morpheuso · · Score: 0

      This post should be modded down to -1 for giving an illegal link. I clicked on it without reading the preceding text, so where does that leave me? In trouble?

    69. Re:seems like there could be more to this story. by anonymo · · Score: 1

      Here is the scenario:
      You mail me an envelope containing £30 for the tsunami relief but you suddenly suspect that I'm a scam artist so you visit my house and look into the mailbox and peeping through the windows to find some evidence that support this suspicion.
      I'm Inside my house and I'm filming as you're opening the mailbox and watching my house and because usually people will ring on the bell or just walk away I', getting suspicious filmig you and calling the police.
      You tell a story to the police and another to the judge.

      I state that you wanted to steal the envelopes sent to me helping the tsunami causalities. that you didn't made it because thr mailbox was empty.

      The judge hesitates and decides that by lying to the police you spent money and time on a shady activities.
      There's nothing on your side except your word and we know you was lying to the police.
      I'm on the other hand my film do not show a crime. If I had an envelope signed "Here are 1000 bucks for the tsunami effort" and you took it you would be sitting in jail for a while.

      Again: you took now money, but _I_ suspected you wanted to do it and that's my reason to call the police.

      You could called the police and tell them you suspected me a scammer because I did not sent you a postcard with "Thank you" on it, but you did not, instead you visited my mailbox and was peeping into my house than you lied to the police on arrival.

      Should the police just "snap on your wrist" so you stopped doing so next time? - No police may use force to stop criminals but not to judge!

      If you state that you're a private investigator thn you should know to never ever do such examination without legal protection.
      Of courese there are shady investigation bureas like that one who checked the trash bins at Microsoft sent by Oracle to find evidence against MS but it was illegal and Oracle tryed to hide their own ass :-> And this was an unprofessional behaviour of an investigator.

      So I won't cry if you loose the security job: you was not worth it.

      -------------------
      The other story would be if you found some evidence in my mailbox that I'm a scammer and you went to the newspapers and got a lot of money for this sensational news. And if I was a real rhino-scammer I payed some high-profile lawyer to counter-sue you for libel, trespassing etc.

      But the scenario was the first one so the Tsunami site stayed clear and the over-zelaous IT-detective lost his dubious bussiness.

      Sounds fine for me - Im a unix system administrator and I prefere white hats to gray hats.

    70. Re:seems like there could be more to this story. by Sven+Tuerpe · · Score: 1
      Informed rumour in the UK scene / community has it that the "unauthorised access" of which he was accused consisted of adding " ../ " to the end of an URL.

      Which, according to usability enigneering expert Jakob Nielsen, constitutes interaction with a user interface of the Web site. Nielsen recommends site owners to support URL "hacking" for the sake of usability.

      --
      http://erichsieht.wordpress.com/category/english/
    71. Re:seems like there could be more to this story. by Sven+Tuerpe · · Score: 1
      British Law says that if you know you are not allowed access, you cannot attempt to circumvent system security.

      Shouldn't system security tell me what I am allowed to access and what not? How could I know if it didn't?

      --
      http://erichsieht.wordpress.com/category/english/
    72. Re:seems like there could be more to this story. by Red+Flayer · · Score: 1

      Even if he did not know ahead of time that he was not allowed access, note that the article stated that he attempted twice to access the system.

      Denied the first time... he knows. Attempted to access again, he broke the law.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  2. Much ado about nothing. by plover · · Score: 5, Informative
    TFA quite clearly states that he was convicted because he lied to the police about his activities. Here's the quote:

    "Instead, Judge Purdy found Cuthbert guilty, because he had initially lied to the police about what he had done; Cuthbert originally told the police one story and later changed it.

    Judge Purdy said that Cuthbert was "deliberately trying to throw the police off the trail", by saying one thing and then another.

    The fact that Cuthbert had changed his story on how and why he had originally accessed the site was the crucial factor in reaching a conviction, the judge said. "

    The article above also says "The defence also pointed out that Cuthbert had not attempted to defraud the site." What it should have said is that Cuthbert DID attempt to defraud the police. Very unprofessional behavior from a supposed "security professional."

    Moral of the story: don't lie to the cops about security testing. Take them seriously. Had he been honest, this wouldn't even have been prosecuted.

    --
    John
    1. Re:Much ado about nothing. by Overly+Critical+Guy · · Score: 3, Interesting

      Well, of course Slashdot left that out of the article summary. This needed to be a "Poor guy convicted for doing simple website checks, let's rally together fellow hackers and feel sorry for him" instead of "Guy lied to the police about what he did, a big no-no." The former gets more page hits from sympathetic Slashdotters, which means higher revenues for OSTG. Yes, kids, this site is owned by a corporation (a Linux corporation, in fact...suddenly all the anti-Microsoft, pro-GPL front page articles make sense for OSTG's bottom line). It amuses me how rarely people realize and acknowledge that.

      This place is a big joke now. Go to Digg to see a site where users decide what gets posted. Digg readers knew about the iPod nano three days before its official announcement--Kevin Rose revealed it there.

      --
      "Sufferin' succotash."
    2. Re:Much ado about nothing. by bostonkarl · · Score: 1

      Yup yup. It's not a good idea to lie to the investigators. Just ask Martha Stewart, and I'm sure she'll agree.

    3. Re:Much ado about nothing. by dada21 · · Score: 2, Interesting

      How many people get arrested for lying to the police? Martha Stewart, that runaway bride, this guy?

      I'm not sure I understand the point of convicting someone of a crime unassociated to the lying part. For me, the fact that police are involved in all 3 of these nonviolent actions is the real crime.

      The thing to note is no never talk to the cops. Ever. Let your lawyer say what needs to be said. Shut up, defend yourself at trial. You have no reason to talk, as you're innocent until they get facts to find you guilty.

    4. Re:Much ado about nothing. by Anonymous Coward · · Score: 0

      You don't *know* that he wouldn't have been prosecuted if he had been honest from the start. In fact, the fact that he was prosecuted and treated so harshly somewhat validates his reason for lying in the first place. Without all of the relevant information, we can't determine what the appropriate punishment should have been. But the consequences do speak to the fact that he did have reason to worry about possible punsihment.

    5. Re:Much ado about nothing. by pla · · Score: 4, Insightful

      Moral of the story: don't lie to the cops about security testing.

      We live in a world where posession of electronics and printouts on the subway gets you hauled away by a full riot squad under suspicion of terrorism.

      The average cop doesn't have the faintest clue about legitimate security testing as opposed to malicious hacking. Same tools, same methods, same general sort of people - Only the motivation differs, which the "target" can only discern after-the fact (and since the article mentions he failed to gain access, he can't even establish that much in his own defense). Even another IT security pro would most likely have to seriously consider the exact choice of attacks to discern intent (for example, did he obviously not use easier but more damaging tools for certain parts of the task?).


      Yes, geeks should ALWAYS lie to the police, whether in the right or not. Because the police have one job - Check off that last little box on their list. If they can do that by throwing away a "cybercriminal" by getting a jury full of people who can't even open email attachments to convict, they WILL. The error here involves changing his story.

    6. Re:Much ado about nothing. by exi1ed0ne · · Score: 2, Insightful

      Moral of the story: don't lie to the cops about security testing.

      Real Moral of the story: Don't tell police ANYTHING without your lawyer in the room. Ever. It has nothing to do with being helpful or honest. It is about covering your ass against all potential outcomes.

      --
      Pessimists.net - as if life wasn't depressing enough.
    7. Re:Much ado about nothing. by shawn(at)fsu · · Score: 1

      For me, the fact that police are involved in all 3 of these nonviolent actions is the real crime.
      In the case of that runaway bride, I think they got involved when she was rpeorted missing and thenthings got even worse when she said she had been kidnapped.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    8. Re:Much ado about nothing. by Gulthek · · Score: 0, Offtopic

      Ok. Thanks directly to your post I have registered at digg and am having a blast. I had heard about digg before but had never really perused it. Awesome site. The fun story picking of kuro5hin without the snobby feel.

    9. Re:Much ado about nothing. by I+confirm+I'm+not+a · · Score: 4, Insightful

      We live in a world where posession of electronics and printouts on the subway gets you hauled away by a full riot squad under suspicion of terrorism.

      Dude, this is Britain we're talking about. Possession of a winter jacket and a Brazilian sun-tan gets you far, far worse than a hauling away.

      --
      This is where the serious fun begins.
    10. Re:Much ado about nothing. by aicrules · · Score: 1

      The cops aren't all techno-idiots. Most major precincts have cybercrime divisions. The people they employ typically know how to investigate computer activity. Perhaps he could have come up with a BETTER lie that a cop computer geek couldn't have easily refuted, but chances are he denied being in there and they had obvious proof that he had been in there.

    11. Re:Much ado about nothing. by Anonymous Coward · · Score: 0

      Go to Digg [digg.com] to see a site where users decide what gets posted.

      Digg has more dupes than even Slashdot. And the comments are even more retarded. Hard to believe, but true.

    12. Re:Much ado about nothing. by Scrameustache · · Score: 4, Informative

      Yes, geeks should ALWAYS lie to the police

      Fer christ sake, STFU and ask for a lawyer!
      Don't lie to the police, that pisses them off.

      --

      You can't take the sky from me...

    13. Re:Much ado about nothing. by KatieL · · Score: 1

      "You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

      Sadly, just shutting up in the UK is, effectively, an admission of guilt. And the duty lawyers are a bit of a lottery...

    14. Re:Much ado about nothing. by FlopEJoe · · Score: 1
      Yes, geeks should ALWAYS lie to the police

      Yeah, well good luck with all that, then. A lot of cops may not know about yer fancy book lern'n computers, brain surgery, and a lot of other things. But they're pretty good at smelling bullshit and sensing when something ain't right with the answers. Especially if they change.

      People can point to the times when they got it wrong but that's a tiny fraction of the number of encounters. Just my opinion but you play it how you want.

    15. Re:Much ado about nothing. by Anonymous Coward · · Score: 5, Insightful

      Yes, geeks should ALWAYS lie to the police, whether in the right or not. Because the police have one job - Check off that last little box on their list. If they can do that by throwing away a "cybercriminal" by getting a jury full of people who can't even open email attachments to convict, they WILL.

      Because, naturally, everybody else is a corrupt, money-grubbing idiot who have no interest in serving society, helping people out or any other noble enterprises, whereas all geeks are paragons of altruism who live in their parent's basement and work tech support so that they can write free software for the greater good.

      All the cops that I've met were just trying to do their job. They don't get paid by the conviction. They would much rather be stopping violent criminals and making people safer, but they have to deal with all crime because non-violent crime can damage society just as much as violent crime. I have certainly heard about corruption, bigotry, etc., but haven't seen it myself.

      On the other hand, I've known some technical people who have no interest in playing by the rules (on any level). Most people seem to think that cheating the law is some sort of game (although they don't want to play anymore when they lose). I've known geeks whose morals were just as low as any corrupt cop, and heard about those who did just as much damage.

      This case is a nice example. If the defendant was forthright and honest, the judge would likely have taken his word and let him go. Because the guy tried to cheat the system, the judge has no reason to believe anything else he says, including the part about how he didn't mean to defraud the site he was visiting, that it was an honest evaluation. As you said, it's hard to tell the difference, so the character of the defendant plays a big role in determining his goals.

    16. Re:Much ado about nothing. by Anonymous Coward · · Score: 0

      The cespool of k5 gives you a snobby feel? HAHA

      poopy peanuts? turmeric? balderson? tex big balls? local roger?

    17. Re:Much ado about nothing. by bmetzler · · Score: 2, Interesting
      How many people get arrested for lying to the police? Martha Stewart, that runaway bride, this guy?
      I'm not sure I understand the point of convicting someone of a crime unassociated to the lying part. For me, the fact that police are involved in all 3 of these nonviolent actions is the real crime.

      Yeah, that the police would make an effort to look for a missing person is a *real* crime. We don't want the people to be wasting their time doing that. I'm sorry, but many people disagree with you that police shouldn't get involved in missing persons cases.

      The thing to note is no never talk to the cops.

      Actually there's another alternative. You could always tell the truth. That is more preferable then lying, or even not saying anything.

      -Brent
    18. Re:Much ado about nothing. by outsider007 · · Score: 1

      Since when is it illegal to lie to cops? Everybody lies to cops, that's part of their job, getting the truth. If he hadn't been read his rights yet the court shouldn't be able to hold it against him.

      --
      If you mod me down the terrorists will have won
    19. Re:Much ado about nothing. by Anonymous Coward · · Score: 0

      I'm not a lawyer, so, maybe I'm way off, but that sounds like FOOLISH advice.

      There's a third option: Say nothing, at least without the presence and advice of a lawyer. Tell the police: I did not do anything wrong, and I will show you that fact, but I won't talk to you about it until I have access to the advice of council. That would put you in a vastly better position than lying to police, which could be a very stupid thing to do, whether you are guilty or innocent. This is especially true of the latter, because if you lie to the police, then you are guilty at least of that!

      This case should have gone as: innocent of the charge of unauthorized computer access, guilty of lying to the police.

    20. Re:Much ado about nothing. by Holi · · Score: 2

      The average cop doesn't have the faintest clue about legitimate security testing as opposed to malicious hacking.

      Well if you have no work relationship with the company then it is not "legitimate security testing".

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    21. Re:Much ado about nothing. by Evil+Grinn · · Score: 2, Interesting

      Yup yup. It's not a good idea to lie to the investigators. Just ask Martha Stewart, and I'm sure she'll agree.

      Agreed, but we can still assert that it was a silly thing for the police to have been questioning him about in the first place. Of course, the police, they were just doing their jobs and trying to enforce the law.

      But it's either a bad law, or at least a misuse of the law on the part of those who called the police on this guy. WTF cares if someone hits a site using lynx? WTF cares if someone tries to access a directory and gets a 403 error? Now, if he tried to get a directory listing and IT WORKED, but then he didn't try to use the information he gleaned from it for his personal gain or to harm anyone, he still shouldn't be in trouble. (Somebody should probably get in trouble with their boss for not locking it down!)

      Any law that says otherwise is idiotic. It sounds like TFA is saying that the judge in this case actually realizes that! In that case yay for the country that gave the world the Common Law, even if its too little too late to help this guy.

    22. Re:Much ado about nothing. by Anonymous Coward · · Score: 0

      Why would he or anyone care if you distribute stuff across your home network? It's when you distribute stuff to hundreds of thousands of other users (as P2P apps do automatically) that you get in trouble

    23. Re:Much ado about nothing. by Anonymous Coward · · Score: 0

      "We live in a world where posession of electronics and printouts on the subway gets you hauled away by a full riot squad under suspicion of terrorism."

      Really? I do this several times a week and have never been stopped.

      Oh, you meant, "We live in a world where posession of electronics and printouts on the subway CAN get you hauled away by a full riot squad under suspicion of terrorism."

      There is a huge difference. Not everyone who posesses "electronics and printouts" is hauled away, only the rare few that are acting suspicious.

      Now does that make it right for those rare few? No. But this is the world we live in. Only when it starts happening to a large portion of a population will society (hopefully) demand change.

    24. Re:Much ado about nothing. by Jesus+2.0 · · Score: 1

      Since when is it illegal to lie to cops?

      Since time immemorial.

      Does the phrase "obstruction of justice" ring a bell?

      The courts take this very seriously.

    25. Re:Much ado about nothing. by 200_success · · Score: 1

      Dude, this is Britain we're talking about. You don't even need a jacket to get shot by the police.

    26. Re:Much ado about nothing. by Anonymous Coward · · Score: 0

      Yes, geeks should ALWAYS lie to the police, whether in the right or not.

      My father was a criminal investigator for a number of years. His advice is this:

      If a uniform cop asks you any questions, help him out as much as you can. They are just keeping the peace, or canvassing.

      If a non-uniform cop asks you any questions, don't say anything without a lawyer. They are trying to solve or investigate a case, and they suspect everything anyone says, and they want to close thier case.

    27. Re:Much ado about nothing. by hey! · · Score: 1

      Dude, this is Britain we're talking about. Possession of a winter jacket and a Brazilian sun-tan gets you far, far worse than a hauling away.

      Uh, what would that be? Some cop forcing you to eat his spotted dick?

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    28. Re:Much ado about nothing. by nightfire-unique · · Score: 1
      What it should have said is that Cuthbert DID attempt to defraud the police. Very unprofessional behavior from a supposed "security professional."

      We don't know that. All we know from the stories so far is that he "lied," but take that with a grain of salt. Lying means different things to different people.

      Imagine explaining why redirecting ISP users' traffic to ad servers "cannot be done" to highly aggressive marketing people. It's a lie. It can be done. But it may not be worth the effort expenditure to explain to them, at a technical level, why this will cause big problems (disrupting forms, confusing browsers). They aren't the experts; that's why they hired you. If you tell them something like "Well, technically it can be done but yaddiyaddiyadda," they may ask you to go ahead and do it, regardless. Don't expect them to go on at length about why a certain ad campaign must include certain keywords or concepts.

      Of course every situation is different, and it may sound egotistical to take this attitude, but it's important sometimes. A professor can't explain to his 10 year old son why electrons cannot be directly observed without lying a little bit; there's just too much ground to cover. "Observing with a photon will alter its state." "What's a photon dad?" "It's a little particl---" eeeehn. Lie. Well, sorta. You get the point.

      In this case, the fact that he'd been arrested and charged for a directory traversal probably indicated to him that the people he was dealing with were incompetent. He probably figured that the best odds he had to making this thing blow over was to tell them what they needed to hear, to make them go away.

      "All I did was access the site using normal web access practices."

      Is it a lie? Depends who you ask.

      I'd really like to know exactly what was said.

      --
      A government is a body of people notably ungoverned - AC
    29. Re:Much ado about nothing. by renehollan · · Score: 2, Interesting

      No, killed by being shot several times despite being unarmed. Don't you read the news?

      --
      You could've hired me.
    30. Re:Much ado about nothing. by smoker2 · · Score: 1

      And where exactly does it say "you may not enter a url of your choice in your browser" ?
      Are we to see people convicted for typos next ?

    31. Re:Much ado about nothing. by IIH · · Score: 2, Informative
      Possession of a winter jacket and a Brazilian sun-tan gets you far, far worse than a hauling away.

      It wasn't a winter jacket, it was a demin one. He didn't jump the barriers, he walked through them with his ticket, just like any other commuter. He was sitting down in the train when he was grabbed, pinnmed down, and shot eight times (with another three shots missing)

      BBC Article

      --
      Exigo spamos et dona ferentes
    32. Re:Much ado about nothing. by Holi · · Score: 1

      Nowhere, and what does that have to do with my comment?

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    33. Re:Much ado about nothing. by Anonymous Coward · · Score: 0

      If you're innocent of the CHARGED crime, but you lied to the police, THAT is what you should be charged with (lying to police).

      You can't just declare that the facts don't support a conviction BUT YOU WILL DO IT ANYWAYS, just because the guy lied. I'm not saying the guy should escape punishment, but every country has a law against lying to police and the courts. Right now, the verdict itself is a lie!

      If you are suspected of murder,
        but they caught you lying regarding your whereabouts (you were having a private affair),
        and then the alleged murder victim TURNS UP ALIVE SOMEWHERE, ...according to your logic the liar should still be guilty of the crime, because he lied.

      This person was not convicted of lying to police he was convicted of THE THING THE JUDGE AGREED HE DID NOT DO.

      Read TFA!

    34. Re:Much ado about nothing. by Slime-dogg · · Score: 1

      To be honest, this site hasn't changed a whole lot since I joined. SSDD.

      --
      You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
    35. Re:Much ado about nothing. by crazyphilman · · Score: 1

      Ok, as an American New Yorker (we've had our share of cops slaughtering innocent people too), this article has astonished me. It occurs to me that:

      1. He was shot SEVEN TIMES IN THE HEAD -- not even the most pissed off New York City cop would dump that much ammo into a guy. I mean, that's just unbelievable. Seven times! Did they think he was going to leap to his feet and attack? Somebody's been reading too much Clive Barker...

      2. ...And once in the shoulder. So, was that the "warning shot"? Or just a cop who can't shoot straight?

      3. And, for what? HE HAD A TAN. So, apparently, in Britain, if you're ethnic, you're as good as dead and the cops will "shoot to kill" suddenly (and hit you seven times in the head). Amazingly, this has made me appreciate the U.S. and especially, the N.Y. government. OUR cops just chew you out, maybe rough you up a little (unless you're Amadou Diallo, but more on that in a minute).

      4. About Amadou Diallo: Four (I think) N.Y. detectives fired dozens of rounds in his general direction, shooting him a number of times (but not all in the head). Most of the shots missed wildly. In contrast, in Britain, "missing wildly" means "hit him in the shoulder". So, not only are British cops much bigger homicidal maniacs, but THEY'RE BETTER SHOTS, TOO.

      Sigh...

      When I finally get around to visiting Europe, I think I'll skip Britain. God forbid they see my tan and light me up.

      --
      Farewell! It's been a fine buncha years!
    36. Re:Much ado about nothing. by Blue+Stone · · Score: 2, Interesting

      It does seem strange that the judge effectively exonnerated him of the crime of malicious intrusion, but convicted of him of that very same crime solely because he lied to the police. Sounds like grounds for appeal, to me (IANAL).
      I quite agree with you about not talking to the police, but remember in this wonderful country, the law says that it may affect your case if you later mention something in court, in your defence, that you didn't mention at the time you were questioned by police.
      Personally, I'd like to see that nastly little assault on our right to silence thrown out, but there we are.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    37. Re:Much ado about nothing. by AviLazar · · Score: 1

      We live in a world where posession of electronics and printouts on the subway gets you hauled away by a full riot squad under suspicion of terrorism.

      We really don't. I know you were trying to be facetious, but statements like this end up being quote's that people live by..

      Yes, geeks should ALWAYS lie to the police, whether in the right or not.

      I hope you are kidding here. Lying has a lot of bad ramifications, not to mention putting you in jail for obstructing an investigation; but worse, what if you were duped into helping a terrorist (it happens), and you lied because you know, you should "ALWAYS lie to the police"; now the information that could help them is not available. Not only did you put someone's life at risk, but you just made yourself an accomplice.

      --

      I mod down so you can mod up. Your welcome.
    38. Re:Much ado about nothing. by crazyphilman · · Score: 4, Insightful

      I would love to hear how, exactly, the British cops explain this.

      Question: "So, the suspect was dangerous?"

      Cop: "No, guv, we had him pinned down, he wasn't going anywhere."

      Q: "So... Did he have a weapon?"

      Cop: "No, just a rail ticket."

      Q: "And you had him pinned down?"

      Cop: "Yep!"

      Q: "At which point you shot him once in the shoulder and seven times in the head?"

      Cop: "We wasn't taking any chances, Gov!"

      Q: "What, exactly, did you think he might do? Use harsh language???"

      Cop: "..."

      --
      Farewell! It's been a fine buncha years!
    39. Re:Much ado about nothing. by node+3 · · Score: 1

      The article above also says "The defence also pointed out that Cuthbert had not attempted to defraud the site." What it should have said is that Cuthbert DID attempt to defraud the police. Very unprofessional behavior from a supposed "security professional."

      But he wasn't found guilty of "trying to defraud the police".

      For example, if you are arrested for murder, and, in the adrenaline-filled fear of the moment, lie about where you were, should you be found guilty of murder just for lying, even if all parties agree you, in fact, are not guilty of murder?

    40. Re:Much ado about nothing. by Fishstick · · Score: 2, Interesting

      >The thing to note is no never talk to the cops. Ever. Let your lawyer say what needs to be said.

      Boy, if there's one thing I've learned from watching Law and Order, you _never_ volunteer anything to the cops, even if you didn't do anything. Being cooperative and answering their questions without a lawyer present only benefits the police and works against you.

      You never see "Ok, thank you for coming down and clearing this up. Have a nice day".

      I learned this long time ago on a traffic stop. It was snowy and I had spun out trying to avoid someone who slid into my lane.

      "How fast were you going?"

      "I don't know. It was really coming down and I was going pretty slow. He was changing lanes and lost traction and started sliding towards me. I stepped on the brakes, and before I could do anything I started to slide too and spun out into the ditch here."

      "How fast?"

      "I really don't know... thirty, thirty-five?"

      *scribble-rip*

      "here you go"

      "what's this?"

      "citation -- travelling too fast for conditions"

      --

      There is much cruelty in the universe, John.
      Yeah, we seem to have the tour map.

    41. Re:Much ado about nothing. by Anonymous Coward · · Score: 0

      Someone must care because ripping DVDs is a criminal offence in at least one "Free" country.

    42. Re:Much ado about nothing. by Anonymous Coward · · Score: 0

      Actually there's another alternative. You could always tell the truth. That is more preferable then lying, or even not saying anything.

      How is that perferable? Perferable to you or the poor person getting badgered by the police? The truth will get twisted around and used against you.

      Because only criminals aren't afraid to talk to the police, right?

    43. Re:Much ado about nothing. by pla · · Score: 1

      I know you were trying to be facetious, but statements like this end up being quote's that people live by.

      Umm... It happened! And only recently. How could I mean to speak facetiously in that case?


      what if you were duped into helping a terrorist (it happens)

      Hey, I didn't vote for him. (cue rimshot).

      Seriously though, your choice of phrasing scares me. The ones going around blowing things up count as the dupes. The real terrorists inspire others to blow themselves up for a stupid cause. Bin Laden counts. Bush counts. Saddam? Saddam counts as one of the dupes. A petty dictator who worked for the US until he got too uppity, so we had to remove him.



      As an aside, I do agree with what several others pointed out, and wish I had thought of it half a second before hitting post rather than half a second after - The best response to the police - "Talk to my lawyer".

      Yes, lying has its problems, and I regret my choice of words. I more meant to convey the idea of non-cooperation than outright deception.

    44. Re:Much ado about nothing. by ghost-maker · · Score: 1

      because your comment is irrelevant then...you know maybe just maybe you should READ THE DAMN ARTICLE?

    45. Re:Much ado about nothing. by Zak3056 · · Score: 1

      TFA quite clearly states that he was convicted because he lied to the police about his activities.

      Great--so instead of charging him with something appropriate (obstruction of justice?) they convict him of "hacking" when he did nothing of the sort. That's not a "mountain, meet molehill" situation--it's an injustice!

      --
      What part of "shall not be infringed" is so hard to understand?
    46. Re:Much ado about nothing. by coopex · · Score: 1

      You do realize that he got convicted not for "hacking", but for lying about "hacking".

      --
      The road to hell is paved with good intentions.
    47. Re:Much ado about nothing. by Anonymous Coward · · Score: 0

      Uh, you don't have the right to do anything you want. Never have never will.

    48. Re:Much ado about nothing. by RichardX · · Score: 1

      I would love to hear how, exactly, the British cops explain this.

      Well, the Metropolitan Police Commissioner, Sir Ian Blair, explained it a bit like this:

      Of course there's a perfectly good explanation.. we just can't tell you it.. because, uh.. well, national security and all that. Yeah, that's it. Any kind of investigation into this might give the terr'ists helpful information which they could use, and we wouldn't want that now, would we.. I mean, we'd LOVE to have a full investigation, really, we would, but our hands are tied. We'd best just sweep it all under the carpet.

      --
      Curiosity was framed. Ignorance killed the cat.
    49. Re:Much ado about nothing. by plover · · Score: 1
      Except the nature of the charge against him was such that "intent" was a major component of it. The judge was using the evidence available to determine intent.

      Look at the points the judge had to go on:

      • Cuthbert is a "security professional," who presumably knows both how to "hack" and how to "test".
      • Both hackers and testers access sites in non-standard ways.
      • Cuthbert accessed the site in a non-standard way. (I've read he tried a directory search.)
      • The charge requires "intent to defraud".
      • Cuthbert lied to police, then changed his story.
      To be a crime, the statute says 'unauthorized access with intent to defraud.' It's obvious to me that the judge is not a technologist, and so he probably relied on expert testimony to determine if the behavior was "hacking" or merely "investigating". He probably got conflicting testimony from both sides, and so internally labeled the behavior as "ambiguous". And that's not wrong, both hackers and testers would start with the same techniques. So from there, he went to look at the rest of the charge, which says "intent".

      At this point, the judge actually has to make a "judgement" -- what was Cuthbert's intent? The judge chose to use the "lying to police" when evaluating his intentions.

      So, he's got ambiguous evidence of a crime, but a proven ethically-challenged defendant. He made a "judgement". That's his job.

      Now we on Slashdot are all so smart that we know a directory search is a harmless way to view the contents of a site. Or is it? If you go sniffing around some site that takes credit cards, why would you do it? Could it possibly be that he WAS trying some initial penetration sniffing prior to committing an attack? We don't know, we're not Cuthbert. He claimed it was an innocent browse, but he also claimed something else to the cops. I don't know if the judge made a mistake in this case, but I do know we've only looked at the pro-Cuthbert side of things. The judge was there for the whole proceeding.

      --
      John
    50. Re:Much ado about nothing. by bmetzler · · Score: 0
      How is that perferable?
      Instead, Judge Purdy found Cuthbert guilty, because he had initially lied to the police about what he had done; Cuthbert originally told the police one story and later changed it.

      It is preferable because then he wouldn't be in jail now. According to the judge, the fact that the defendent lied to the police is a strong reason for the guilty ruling. If Cuthbert had told the truth, he very probably would not have been found not guilty. I think that a not guilty ruling would be preferable. I don't know if you would disagree with me on that though. Certainly it seems reason to think that a not guilty verdict is preferable to a guilty verdict, and that is a result of telling the truth.

      -Brent
    51. Re:Much ado about nothing. by TechieMiriam · · Score: 1

      Keep in mind that when it comes to technical stuff, you can tell the truth but the police will misunderstand something that you said, take it down wrong and then insist that you said something that you didn't. Technical misunderstandings can happen with the police, and they aren't particularly friendly for admitting that they misunderstood.

    52. Re:Much ado about nothing. by Anonymous Coward · · Score: 0

      So, he's got ambiguous evidence of a crime, but a proven ethically-challenged defendant. He made a "judgement". That's his job.

      I guess "beyond a reasonable doubt" just isn't a concept this judge rules by, if that's the case.

    53. Re:Much ado about nothing. by outsider007 · · Score: 1

      Obstruction of justice is a separate issue. For example, you could walk up to a cop and tell him that you have a eight inch cock, and even though you're a mere four inches, a crime would not have been committed even though a lie had been told.

      --
      If you mod me down the terrorists will have won
    54. Re:Much ado about nothing. by bbc · · Score: 1

      "Very unprofessional behavior from a supposed "security professional.""

      Er, no. In civilized countries, lying to the police is not a crime.

    55. Re:Much ado about nothing. by plover · · Score: 1

      Well, he can hope that an appellate court will strike down the verdict since it certainly doesn't pass the "smell test" amongst the experts here on Slashdot. However, I'm not sure how British courts handle appeals. And I'm not sure he can subpoena Slashdot to testify on his behalf.

      --
      John
    56. Re:Much ado about nothing. by bbc · · Score: 1

      "It is preferable because then he wouldn't be in jail now."

      He isn't in jail now, but he most likely would have been if he had told the truth.

    57. Re:Much ado about nothing. by nmos · · Score: 1

      The average cop doesn't have the faintest clue about legitimate security testing as opposed to malicious hacking. Same tools, same methods, same general sort of people - Only the motivation differs, which the "target" can only discern after-the fact (and since the article mentions he failed to gain access, he can't even establish that much in his own defense).

      I'd expect that one of the major differences would be an attempt to hide your identity. If this guy used his own computer and actually gave them his credit card info then it's hard to imagine he had hostile intent.

    58. Re:Much ado about nothing. by dbIII · · Score: 1
      suddenly all the anti-Microsoft, pro-GPL front page articles make sense
      Kids today - no attention span at all. Think beyond the last five minutes and you will find out the themes of this site haven't changed much simply because that's what the people who set the site up were interested in, and that later attracted the interest of the company that pay for it because they were interested in the same stuff. Why make up some kind of a conspiracy when it is so easy to find out what is really going on?
    59. Re:Much ado about nothing. by bmetzler · · Score: 0
      He isn't in jail now, but he most likely would have been if he had told the truth.

      Pardon me, I started in the wrong direction, the rest of my post was correct. "found guilty" is not preferable to being found not guilty, which is what the judge seemed to indicate would have been the ruling if he told the truth.

      And that, as I said in the last post, is preferable.

      -Brent
    60. Re:Much ado about nothing. by bmetzler · · Score: 0
      Keep in mind that when it comes to technical stuff, you can tell the truth but the police will misunderstand something that you said, take it down wrong and then insist that you said something that you didn't.

      It's better to be misunderstood telling the truth, then not misunderstood (or even misunderstood) lying.

      -Brent
    61. Re:Much ado about nothing. by mrmeval · · Score: 1

      Don't talk to the cops it's not in your best interests without representation.

      --
      I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
    62. Re:Much ado about nothing. by crazyphilman · · Score: 1

      Scary stuff, man. I think I'm going to hide out here in Albany until the world goes back to normal.

      --
      Farewell! It's been a fine buncha years!
  3. Unintended consequence of regulation and control by dada21 · · Score: 4, Interesting

    UK lawlessness, nothing new?

    The UK has preceded the US in destroying the basic rights of its citizens, replacing laws against violence with laws against rights.

    This is a country that won't let their citizens bear arms (increasing crime), but will let security officers shoot first and never ask questions. This is a country that continues to fight a war against secession for centuries.

    TFA doesn't surprise me at all. Citizens have no rights any more. Just let the State provide. Does it surprise you that they criminalize non-violent behavior after you realize that national prisons were a statist recreation? More laws = more crimes = more criminals = more prisoners = more money for the State.

    Again, nothing to see here, except it is a good preview of things to come in the US as we clamor for more regulation, more government control of the Internet, and more destruction of our basic rights to protect ourselves.

  4. Hmm. by sdirrim · · Score: 3, Interesting

    On one hand, he could have used legitamite methods to verify the site. On the other hand, he didn't destroy any data, view private information, nor was it a malicious purpose (supposedly).

    --
    Not only "land of the free" but "land of the lawyers" who love a good old 1st amendment smackdown. Shihar 153932
    1. Re:Hmm. by DrSkwid · · Score: 2

      because he couldn't get in

      and then lied to the investigators about his entirely innocent activities

      In what way is trying to break into someone's system as 'legitimate' ?

      Can you tell me what legitimate reasons you could have for breaking into my house (presuming you are not an agent of the state).

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    2. Re:Hmm. by sdirrim · · Score: 1

      could have used legitimate methods
      Maybe by crosschecking a list of valid donation sites?

      --
      Not only "land of the free" but "land of the lawyers" who love a good old 1st amendment smackdown. Shihar 153932
  5. And quite rightly so... by gravyface · · Score: 5, Insightful

    While I sympathize with him, taking the law into your own hands on a whim, regardless of the crime or environment, should not be tolerated. If he was B&Eing into a biker hangout to see if they had his stolen TV, he'd be prosecuted in the exact same manor.

    --
    body massage!
    1. Re:And quite rightly so... by Prophet+of+Nixon · · Score: 3, Funny

      So, he breaks into a manor occupied by bikers who are also judges, and is surprised that he is prosecuted onsite?

    2. Re:And quite rightly so... by The+Ultimate+Fartkno · · Score: 1

      And while I enjoy a bacon and egg sandwich as much as (probably more than, in fact) the average man, I really don't think that a television-burgling biker would be easily swayed to confess his telly-nabbing ways, no matter *how* delicious the treats with which you ply him.

    3. Re:And quite rightly so... by nganju · · Score: 1

      ...he'd be prosecuted in the exact same manor.

      I don't see how the building in which he's tried is relevant :P .

      --
      There are 2 kinds of people in this world. Those that can keep their train of thought,
    4. Re:And quite rightly so... by blincoln · · Score: 1

      Adding ../ to the end of a URL is not the same as "B&Eing into a biker hangout." It's peeking in the windows at worst.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    5. Re:And quite rightly so... by Scrameustache · · Score: 3, Funny

      If he was B&Eing into a biker hangout to see if they had his stolen TV, he'd be prosecuted in the exact same manor.

      You're telling me that the U.K. police beat him, killed him, and buried him in a shallow grave? Just for trying to hack in some charity site a couple of times?

      Man, I though they were harsh on people who run in the subway!

      --

      You can't take the sky from me...

    6. Re:And quite rightly so... by mini+me · · Score: 1

      The distinction between what is public and private is not so clearly defined on the internet. How is anyone supposed to know that appending ../ to the end of a URL is not supposed to be public information?

      By making a computer accessible to the internet, you are inviting others to use it (like for downloading a website, etc.). There is a fundamental flaw in putting unknown and arbitrary limits on what people are allowed to access and only notifying them (via the Police) after they have accessed something they shouldn't have. If the boundaries were clearly defined that would be another matter.

    7. Re:And quite rightly so... by pclminion · · Score: 1

      I see. Appending "../" to the end of a URL is outright VIGILANTISM! You're right -- this sort of evil deed simply should not be tolerated.

    8. Re:And quite rightly so... by ifwm · · Score: 1

      "The distinction between what is public and private is not so clearly defined on the internet. How is anyone supposed to know that appending ../ to the end of a URL is not supposed to be public information?"

      When you are repeatedly denied access after doing so.

      Which this guy was.

    9. Re:And quite rightly so... by renehollan · · Score: 1
      Adding ../ to the end of a URL is not the same as "B&Eing into a biker hangout." It's peeking in the windows at worst.

      Bullshit, not even that: it's "Here, service that sends me back stuff, when I send you stuff, have some stuff!".

      If someone rings my phone, and I answer, I can hardly be upset if he utters (non-obscene )words I don't like. The parallel to this case is "unauthorized talking": i.e. telling me something that I didn't like to hear upon my invitation to you to speak.

      --
      You could've hired me.
    10. Re:And quite rightly so... by mini+me · · Score: 1


      When you are repeatedly denied access after doing so.

      Which this guy was.


      So, to correlate with the real world. As long as I can bust down your door on the first try, I'm free to enter?

  6. couple of checks? by cdn2k1 · · Score: 5, Informative

    I think by "couple of checks," you mean "a directory traversal attack."

    http://www.theregister.co.uk/2005/10/05/dec_case/

    1. Re:couple of checks? by Guysmiley777 · · Score: 1

      You mean "../../../"? Yeah, thats like a crowbar and a ski mask if you ask me.

      --
      Coding with assembly is like playing with Legos. Coding an application in assembly is like building a car with Legos.
    2. Re:couple of checks? by dougmc · · Score: 1
      a directory traversal attack (link goes to a description of this sort of attack.)

      Doesn't seem like much of an attack to me. Certainly, I hope it's not very effective anymore.

      They probably throw the book at him due to the charity nature of the site -- as if doing anything `bad' to a charity (with a worthwhile mission) is worse than doing something `bad' to an average business. (And of course lying to the police and getting caught isn't a good plan either.)

    3. Re:couple of checks? by Keith+McClary · · Score: 1

      Clicking the "up" arrow on your browser could be considered a "directory traversal attack".

    4. Re:couple of checks? by Anonymous Coward · · Score: 0

      For heaven's sake, "directory traversal"? Is there more? Because that's a darn innocent way to assess a site. It is merely enumerating the directories present on the server. Calling it an "attack" is questionable, unless typing "ls -R" on another user's home directory is also an "attack". Sure, it might be the obvious prelude to a malicious attack, but if a real attack never materializes, maybe it was entirely innocent information gathering, such as trying to verify whether or not there are any intentionally world-readable directories (e.g., called "public"). Same for a web site.

      If this is really all that they did, "hacking"-wise, I'm shocked that it drew such attention, because I've done the same on occasion using wget and some greps, in order to try to find all information on spammer's web sites (e.g., maybe they've been stupid enough to leave a mailing address or phone number on there on an obscure page that they forgot about). This is not a "hack". I'm not trying to breach security. I'm just trying to access everything that the server ALLOWS me to access, by its own rules. Nothing else. Even if they were not following links, and were enumerating every possible letter/number combination for each tree of the directory, I would question whether it could be called unauthorized access. Who says you have to have a link to it for access to be "unauthorized"? I sometimes set up blind directories with no links in or out of them, and then tell people the URL. Enumerating directories/files is just asking "are you there?", and if the server says "no", you politely move on. It is a bit unsocial (e.g., like trying every phone number in a series to see if there is anyone at the other end), but I can't see how it would be trying to breach security unless he was probing specifically for known security flaws (e.g., in my server logs I see people trying to break into vulnerabilities in phpmyadmin and various blog software all the time, none of which is actually on my server).

    5. Re:couple of checks? by flosofl · · Score: 1

      Clicking the "up" arrow on your browser could be considered a "directory traversal attack".

      I have a forward and back arrow. How did you get an "up" arrow?

      Now if you mean accessing an FTP site using a browser, well I think the fact that you're given ".." or an up-arrow as an option, I don't think it'd be a directory traversal.

      --
      "This calls for a very special blend of psychology and extreme violence" - Vyvyan "The Young Ones"
    6. Re:couple of checks? by Babbster · · Score: 1
      I think the most likely reason they threw the book at him is that he showed ill intent in what he was doing, based in part on the fact that he lied to police when questioned. According to his [final] story he was - without the permission of the site's owners - testing their security by seeing if he could get to private information through an easy method. Just because it's really easy to do doesn't mean that it's a proper, or legal, procedure. The fact that he is a security consultant means that he should know the applicable laws and certainly should be someone who tells the truth when a police officer asks him a question.

      If he was concerned, it would have been dead simple for him to contact the site owners and ask them some questions. Upon finding out they were legit, he could even have offered his services AS a security consultant to make sure their system was up to snuff. It's a shame that he decided to go the vigilante route.

    7. Re:couple of checks? by Anonymous Coward · · Score: 0
      You can add this bookmarklet to your links toolbar, and use the up arrow character as its name:
      javascript:u=document.URL.replace(/(.*[\/\\]).+/,' $1');location.href=u
    8. Re:couple of checks? by autocracy · · Score: 1
      Actually, it can be a very effective attack. Right up there with playing with special characters and sticking in such fun statements as "where 1 = 1" or "delete from".

      People find ways, and mistakes are often made in code. I've paid close attention to how I design things I've coded that get used by any method other than me personally running it, and I'm still trying to figure out how some spammer manged to send e-mails through my website to somebody other than myself (where the fields are all hard-coded in). Just haven't had the time to try and hack it myself. *shrug* Thankfully I pay close attention to my IDS.

      Anecdotal upside of that is that it was one e-mail that he managed to get off before being shut down. Install logcheck and read religously ;)

      --
      SIG: HUP
    9. Re:couple of checks? by Keith+McClary · · Score: 1

      How did you get an "up" arrow?

      Konqueror has an "up" arrow that just chops off the last level of the URL.

      Suppose I click on that and get a directory listing and see a filename
      pressrelease.tomorrowsdate.html

      Obviously I am not intended to see that. Legal & ethical dilemma.

    10. Re:couple of checks? by Thomas+Shaddack · · Score: 1
      Obviously I am not intended to see that. Legal & ethical dilemma.

      If it is important, it should either not be publicly accessible at all, or at least the directory listing should be denied. An empty index.htm file is not that difficult thing to put into the directory. A .htaccess file does not have that difficult syntax too. In the worst case, just uploading it tomorrow would do the job too.

      Incompetence has its costs.

    11. Re:couple of checks? by Keith+McClary · · Score: 1

      If it is important, it should either not be publicly accessible at all, or at least the directory listing should be denied. An empty index.htm file is not that difficult thing to put into the directory. A .htaccess file does not have that difficult syntax too. In the worst case, just uploading it tomorrow would do the job too.

        Incompetence has its costs.

      But the same applies to the ../ "attack" discussed above. It only works is somebody has incompetently configured the webserver to serve files from outside the web directory.

    12. Re:couple of checks? by Keith+McClary · · Score: 1

      But the judge in this case would probably consider it hacking/cracking to view files that were not intentionally linked.

  7. KISS on disaster donations by Anonymous Coward · · Score: 0

    I confine my donations to organizations with known track records like the Reed Cross and the Salivation Army.

    1. Re:KISS on disaster donations by HiThere · · Score: 1, Offtopic

      The US version of the Red Cross has a less than adequate reputation. I've heard that the International Red Cross is better, but they aren't supporting the Katrina victims. And much of the aid that was sent was denied enterance by FEMA.

      I feel that the money I donated was probably shanghied, but the goods that were donated probably got through.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:KISS on disaster donations by jgjonola · · Score: 0

      I think you have it backwards. It is the American Red Cross that is ok the international red cross is who you should watch out for, but that is just what i remember hearing on Bill O.

    3. Re:KISS on disaster donations by bill_mcgonigle · · Score: 1
      And much of the aid that was sent was denied enterance by FEMA.

      No, it was denied by the Louisiana governor's office. They didn't want to create an attractant at the Superdome. Search for it on Google.

      FEMA didn't go in because the media was reporting gang rapes and murders in the Superdome (which didn't happen). FEMA are relief works and volunteer coordinators - not military, so they stayed out. And the military can't go in either:
      SEC. 15. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress
      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    4. Re:KISS on disaster donations by DavidTC · · Score: 1
      I don't know what you mean by 'the military'. The National Guard is supposed to be the people providing martial law in the US, and the posse comitatus law doesn't talk about them.

      However, that law doesn't mean what people seem to think it means, either. That merely stops the president from using the military as law enforcement in the US, despite being commander in chief.

      FEMA does, in fact, have Congressional authorization to call in the military.

      And it doesn't matter anyway, because 'protecting FEMA personal' isn't 'law enforcement', anymore than protecting military bases is.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    5. Re:KISS on disaster donations by ScentCone · · Score: 1

      I don't know what you mean by 'the military'. The National Guard is supposed to be the people providing martial law in the US, and the posse comitatus law doesn't talk about them.

      Right, but it's the governor of the state that deals with that state's Guards, unless they've actively handed control over to the feds. This, of course, did not happen when/how it needed to in New Orleans.

      FEMA does, in fact, have Congressional authorization to call in the military.

      But that doesn't mean doodly until the governor of the state acts correctly to let that happen. Separation of those powers and obligations is very, very clear (and a good thing, too!).

      And it doesn't matter anyway, because 'protecting FEMA personal' isn't 'law enforcement', anymore than protecting military bases is.

      Assume you mean "personnel." Regardless, if those FEMA employees are civilians working off of the federal turf, then it's exactly a law enforcement issue if those people are threatened within our borders. If, though, actual martial law has been declared (rare!), then it's still law enforcement, but it's the military enforcing the law. Force protection on a military base is an entirely different thing, and not relevent unless FEMA happens to be working out of one.

      --
      Don't disappoint your bird dog. Go to the range.
    6. Re:KISS on disaster donations by HiThere · · Score: 1

      The reports that I have heard from people who claimed to have been on the scene were fairly clear the FEMA was blocking aid provided by others. Doctors who were on the scene reported ... well, this isn't FEMA, this is some people dressed up as police officers (of some sort...these people weren't Lousianna locals, so they don't know the local uniforms) and presumably acting under orders confiscated their medical equipment and supplies and threw them in the river. Perhaps that wasn't FEMA, I wasn't there. It was certainly some group that appeared to be acting as an official group.

      Perhaps I can't tie a lot of the things that I heard any more closely than to "the government", but FEMA was claiming to be in charge, so I believe then, and attribute the evil to them. If you want to think of them of as merely malfeasant, that's ok. It's still a felony.

      I wasn't talking about the SuperDome, as I have heard nothing from anyone who claimed to have been there. And I don't believe anything the new reports without independent confirmation. (You have given a good example of why in your response.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    7. Re:KISS on disaster donations by bill_mcgonigle · · Score: 1

      The reports that I have heard from people who claimed to have been on the scene were fairly clear the FEMA was blocking aid provided by others. ... Perhaps that wasn't FEMA, I wasn't there. It was certainly some group that appeared to be acting as an official group.

      It was the Louisiana Department of Homeland Security. See here.

      but FEMA was claiming to be in charge, so I believe then, and attribute the evil to them. If you want to think of them of as merely malfeasant, that's ok. It's still a felony.

      Huh? FEMA wasn't there for a few days, they're not first responders. They don't have the authority or manpower to override the state and local agencies. LDHS was managing first response. What felony are you going on about?

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    8. Re:KISS on disaster donations by HiThere · · Score: 1

      Perhaps I believed too much of what they were saying... at this point in time I can't go back and verify precisely which arm of the feds did what. The malfeasance was denial of life saving materials to those in need...denial as in blocking, not merely as in not providing. Perhaps those who did it, and their superiors who ordered it, should be charged with murder rather than malfeasance...and perhaps I shouldn't have particularly laid it at FEMAs foot. I was appearantly believing too strongly in their press releases (and here I thought I was cynical).

      I followed the link, and it doesn't lead to the people that made the report I heard. The "police" could, of course, have been operating under the control of Louisanna Homeland Security...but threatening to shoot doctors attempting to supply medical treatment who were already on the spot (they'd been attending a convention) and destroying their supplies and equipment is, in my mind, murder. Murder, conspiracy to comit murder, and felonious assault under cloak of authority. Probably a few other charges should go in there too. Both the police who engaged in the acts and their superiors who ordered them should be charged with that. The superiors who merely didn't prevent it should get off with malfeasance (not merely misfeasance). And I should be less trusting of PR releases saying that "we have everything under control" (which is how FEMA became associated with these acts in my mind).

      Not that I don't still believe that FEMA is guilty of misfeasance, and conspiracy to comit misfeasance (is that malfeasance?) in their negligent planning. (Proving intentional neglect would be difficult...but it does seem probable. Look how quickly the contracts for repair ended up with Haliburton.)

      Do I believe and ANYONE responsible will be charged? It is to laugh.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    9. Re:KISS on disaster donations by bill_mcgonigle · · Score: 1

      The superiors who merely didn't prevent it should get off with malfeasance (not merely misfeasance). And I should be less trusting of PR releases saying that "we have everything under control" (which is how FEMA became associated with these acts in my mind).

      This guy Michael Brown may have some responsibility there - he was apparently unqualified to run emergency operations. Maybe he was qualified to run the bureaucracy but a good bureaucrat would have delegated emergency responsibilities. FEMA didn't get to the aftermath of Hugo for 30 days - Lord knows what they were thinking trying to take control of Katrina so soon.

      Not that I don't still believe that FEMA is guilty of misfeasance, and conspiracy to comit misfeasance (is that malfeasance?) in their negligent planning. (Proving intentional neglect would be difficult...but it does seem probable.

      The planning was pretty good - New Orleans was to be evacuated 48 hours before Katrina hit. They have a plan for exactly this. They had the resources to do it. They had the buses to get people out. What happened is the Mayor and Governor decided it would be politically unpopular if they ordered evacuation and the storm diverted. Bush called the Governor on Saturday and 'pleaded' with her to order the evacuation. This is what happens when you have a political input into a plan like this - there's no place for it and it'll f^ck things up every time. Just to illustrate the cranial anal inversion down there, the Red Cross was in place for disaster relief and was denied entrance by LDHS. It's not hard to find the smoking gun, unless you listen too much to the friends of the Governor masquerading as on-the-scene reporters.

      Look how quickly the contracts for repair ended up with Haliburton.)

      Would you have rather the contracts go through the normal FEMA 90-day bid process? Which companies could have taken the contract and hit the ground running? Haliburton, Bectel, Kellog, Don't forget the Shaw Group - they got 1/3 of the contracts and their CEO is Chairman of the Louisiana Democratic Party. You're barking up an apolitical tree.

      Do I believe and ANYONE responsible will be charged? It is to laugh.

      Exactly, right. The contractor who built the major failed levy filed law suit in 1994(5?) to get the Army Corps of Engineers to allocate an additional $800,000 for foundation because the contractor considered the base of the levy unstable and unsuitable for the specifications given to it. Do you think the ACoE is going to catch heat? Do you think Les Aspin or Bill Perry will catch heat? Clinton? If anyone's going to get unelected over this it's the Mayor of New Orleans who had final say on not evacuating. Or maybe Mary Landrieu if her voting base decides not to move back to NOLA.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  8. Liar Liar... by null+etc. · · Score: 0, Redundant
    It should be pointed out that the consultant lied to police initially, which helped influence the judge's decision to find the consultant guilty. But it's interesting that the article didn't bother to describe the methods by which the consultant "accessed" the site.

    Another interesting quote from the article:

    "Some of the tests you might instinctively want to run to see if a site is valid may fall foul of a strict interpretation."

    Well, I guess it will certainly change one's "instincts" when it comes to using penetration testing tools to determine a site's legitimacy.

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

      "Well, I guess it will certainly change one's "instincts" when it comes to using penetration testing tools to determine a site's legitimacy."

      Yeah, especially those really dangerous ones, like web browsers with address bars. We should just remove those and force users to click links to get everywhere.

    2. Re:Liar Liar... by Thomas+Shaddack · · Score: 1
      Well, I guess it will certainly change one's "instincts" when it comes to using penetration testing tools to determine a site's legitimacy.

      A quick portscan of 139 and 445 is a good indication if the machine in question is a hacked windoze box. These ports have no business to be exposed on a production webserver.

      When I want to enter an outhouse, better shake its contruction a bit to see if it won't collapse on me. When I want to drink something from a bottle, I take a sniff if somebody did not alter the content for a chemical (accidents happen). When I want to cross a road, I look. When I want to donate money to a website, I look too. Anything wrong with that?

  9. Re:Unintended consequence of regulation and contro by stlhawkeye · · Score: 2, Insightful
    The UK has preceded the US in destroying the basic rights of its citizens, replacing laws against violence with laws against rights.

    Which of Cuthbert's rights were violated when he broke the law and was convicted of doing so, again? I missed that part.

    --
    "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
  10. Sounds like he did himself in by khendron · · Score: 2, Insightful

    Though TFA tries to ring alarm bells over police cracking down on innocent activities, it also mentions that the guy initially lied to the police about his actions, leading the police down a time-consuming garden path.

    So although the guys "hacking" was fairly innocent, his response to the police was not. Perhaps he should be convicted of public mischief instead.

    --
    Life is like a web application. Sometime you need cookies just to get by.
  11. Sounds Like He Messed Things Up For Himself by Azarael · · Score: 2, Interesting

    He should probably have known better since his job deals specifically with security. I'm even surprised that he would get hit with a phishing attack to begin with. Also if he got hit that hard over this, what would have happened to the owners of the site if he had been defrauded and had reported it to the authorities instead (it sounds like he and the site were based in the UK)?

    1. Re:Sounds Like He Messed Things Up For Himself by Krach42 · · Score: 1

      The site looked legit, then when he never recieved a reciept for his payment, or any sort of confirmation, THAT is when he grew worried.

      So he checked out the site that took his credit card information, ran two directory traversal attacks, was refused access twice, and then gave up.

      This isn't like B&E in order to see if some company collecting donations is on the level. This is like going by late at night, looking into the windows, and trying the doors, and windows; finding them locked. Then walking away.

      --

      I am unamerican, and proud of it!
  12. Yeah, he got hosed, but... by 14erCleaner · · Score: 1, Funny
    If there's anything to be learned from this, it's probably "don't lie to the authorities". I'm sure many will take offense at this, but basically he got convicted because he wasn't honest to the police investigating his intrusions.

    By the way, the first thing that (superficially) struck me about the story was the guy's name:

    D an i e l Cuth bert

    --
    Have you read my blog lately?
    1. Re:Yeah, he got hosed, but... by ryanvm · · Score: 1
      By the way, the first thing that (superficially) struck me about the story was the guy's name: Daniel Cuthbert

      Wow - you're like that guy in A Beautiful Mind. Only instead of working with numbers, you rearrange letters into the names of comic strip characters.

    2. Re:Yeah, he got hosed, but... by joranbelar · · Score: 2, Funny

      What's an aneCuth?

    3. Re:Yeah, he got hosed, but... by pcraven · · Score: 1

      Better yet, don't talk to the authorities until you talk with your lawyer.

    4. Re:Yeah, he got hosed, but... by Anonymous Coward · · Score: 0

      you could say he got nailed and butchert for his denial of the truth, however, I would bet he is no cherub.

  13. FREE DANIEL! by Anonymous Coward · · Score: 0

    n/t

  14. Well by Emperor+Tiberius · · Score: 1

    Instead, Judge Purdy found Cuthbert guilty, because he had initially lied to the police about what he had done; Cuthbert originally told the police one story and later changed it.

    Perjury is a crime, you know.

    1. Re:Well by g0bshiTe · · Score: 2, Informative

      Purgery is a crime, though lieing to police is not. Never said he changed his story in court only to the police.

      --
      I am Bennett Haselton! I am Bennett Haselton!
    2. Re:Well by Anonymous Coward · · Score: 0

      Perjury is a crime, you know.

      Perjury is lying under oath. Lying while not under oath isn't illegal (most of the time - in the USA, lying to the FBI is illegal).

      Moral of the story? You have the right to remain silent. Use it, and talk to a lawyer.

    3. Re:Well by dougmc · · Score: 4, Insightful
      Perjury is a crime, you know.
      Yes, but generally you have to be sworn in or otherwise lie under oath to be convicted of perjury. (At least in the US. I don't know what the laws look like on the other side of the pond.)

      Generally making a statement to the police isn't done under oath.

      And really, if the crime was perjury, why wasn't he convicted for perjury and not something else?

    4. Re:Well by Emperor+Tiberius · · Score: 1

      So you're saying lying to the police shouldn't be considered a crime? Also, how do we know he wasn't under some kind of affirmation or oath.

    5. Re:Well by Kookus · · Score: 1

      perjury requires you taking the oath. you can tell the police you're god and then tell them you're the devil, and then tell them you're lance armstrong... won't make a damn bit of difference except gives them more ammo to use when you're on the stand, but until you take the oath, you don't have to tell the truth.

    6. Re:Well by I+confirm+I'm+not+a · · Score: 3, Informative

      Perjury is a crime, you know.

      Perjury is a crime committed in court, not in an interview room. To put this in context, in the USA and many other countries, it's perfectly acceptable to say nothing when questioned by the police. Indeed, I believe the Constitution or an amendment (I'm neither a US citizen nor resident) grant citizens the right not to incriminate themselves. I'm not aware of any such right in Britain, and in Britain when you're arrested you are advised that:

      You have the right to remain silent, but if you do not mention, when questioned, something you later rely on in court, it may be held against you. [My emphasis]

      In other words, you're strongly "encouraged" not to remain silent.

      I'm neither condoning nor condemning Mr. Cuthbert's statements to the police, merely suggesting that we don't know why Cuthbert chose to (allegedly) lie.

      --
      This is where the serious fun begins.
    7. Re:Well by Guysmiley777 · · Score: 1

      Don't you have to be under oath to commit perjury?

      --
      Coding with assembly is like playing with Legos. Coding an application in assembly is like building a car with Legos.
    8. Re:Well by alienw · · Score: 1

      It's OK to say _nothing_. It's NOT OK to give false statements. If Martha Stewart kept her trap shut, she wouldn't have ended up in jail.

    9. Re:Well by idlake · · Score: 1

      So you're saying lying to the police shouldn't be considered a crime?

      In general, no. Lying to the police should only be a crime in well-defined circumstances. It may however be considered evidence that someone knew their behavior was wrong.

    10. Re:Well by larien · · Score: 1
      Yup, perjury is lieing in a court of law while sworn in.

      Lieing to the police under questioning would probably count as "obstructing the police with their enquiries" if you wanted to push the point.

    11. Re:Well by I+confirm+I'm+not+a · · Score: 1

      It's OK to say _nothing_. It's NOT OK to give false statements. If Martha Stewart kept her trap shut, she wouldn't have ended up in jail.

      Martha Stewart was arrested and presumably "Miranda-ed" - in a country where it is, indeed, OK to say nothing.

      Daniel Cuthbert was arrested and advised that if he kept quiet his defense in court might be compromised - the UK "Miranda" is very different to the warning given in other countries.

      The best advice I can give if you're arrested in the UK is state that you will cooperate fully - when, and only when, you've spoken to a lawyer. The police will most likely still try and browbeat you. (YMMV - some forces are better than others).

      --
      This is where the serious fun begins.
    12. Re:Well by TheRaven64 · · Score: 1
      Actually, I believe the portion in italics should read:
      ...but it may harm your defence if you do not mention, when questioned, something which you later rely on on court.
      The difference in meaning is subtle, but present. Of course, there is a world of difference between saying nothing and lying. Lying to the police could fall under wasting police time or attempting to pervert the cause of justice. I would much rather have seen him prosecuted under the former of these than the Computer Misuse Act.
      --
      I am TheRaven on Soylent News
    13. Re:Well by Anonymous Coward · · Score: 0
      It's OK to say _nothing_.

      Not in the UK. For example, although it's the prosecution's job to prove you guilty, if you could easily prove yourself innocent but choose not to then the judge can award the full prosecution costs against you. In other words, the court finds you innocent but you still end up with a fat bill.

    14. Re:Well by 6031769 · · Score: 1
      Purgery is a crime, though lieing to police is not.

      In the UK, it is a criminal offence to attempt to pervert the course of justice. Lying to the police comes under that. It is also a (less serious) criminal offence to waste police time. Lying to the police comes under that too.

      --
      Burns: We're building a casino!
      McAllister: Arrr. Give me 5 minutes.
    15. Re:Well by I+confirm+I'm+not+a · · Score: 1

      Actually, I believe the portion in italics should read:...

      I suspect you're quite right. But that's really the point, isn't it, that the UK caution isn't clear, is intimidating, and does turn otherwise sane people into gibbering idiots. Yes, everyone should keep mum until they've spoken to a solicitor. No, very few people actually do this.

      --
      This is where the serious fun begins.
    16. Re:Well by Otter · · Score: 1
      Indeed, I believe the Constitution or an amendment (I'm neither a US citizen nor resident) grant citizens the right not to incriminate themselves. I'm not aware of any such right in Britain...

      Actually, beyond that, US law protects the "exculpatory 'no'" -- untruthfully saying "I didn't do it!" isn't punished as an additional offense the way a similar lie from a witness would be. That's not the case in most countries, although I don't know about Britain.

    17. Re:Well by g0bshiTe · · Score: 1

      I think in this case he knew what he was doing was wrong in the first place. I also don't think for a second he suspected that the site was a fraud, in his field he should have known better than to be duped.

      That's like saying "I had no clue that 2 ton vehicle would plow over that old lady, I thought it would just nudge her out of the way".

      --
      I am Bennett Haselton! I am Bennett Haselton!
    18. Re:Well by lobsterGun · · Score: 1

      What the judge was saying is that the defendant had destroyed his beacuse he earlier lied to the poilce. Because he was no longer credible, and the evidence showed that he had been hacking the site he was therefore guilty.

      Had he not lied to the poilce, his explantion as to WHY he was doing what he was doing would have carried more weight.

    19. Re:Well by hyperstation · · Score: 1

      police are permitted to lie and mislead suspects to get information - why is it wrong for a suspect or other person being questioned (not under oath) to lie to the police?

    20. Re:Well by Eu4ria · · Score: 3, Informative

      You have the right to remain silent. Use it, and talk to a lawyer.
      In the UK u dont really have the right to remain silent anymore. They changed that in 94 I beleive. What they basically say now upon arrest is
      "You could harm your defense if you fail to mention when questiond something that you later rely on in
      court"

    21. Re:Well by I+confirm+I'm+not+a · · Score: 1

      why is it wrong for a suspect or other person being questioned (not under oath) to lie to the police?

      Dude, don't shoot the messenger! Seriously, I don't know. I suspect they'd do you for "wasting police time", though.

      --
      This is where the serious fun begins.
    22. Re:Well by Anonymous Coward · · Score: 0

      because the cops are the only officially-sanctioned street gang.

    23. Re:Well by Politburo · · Score: 1

      Lying to the police won't get you perjury in the US, but it will get you an obstruction charge if they're pissed at you.

    24. Re:Well by Anonymous Coward · · Score: 0

      What they basically say now upon arrest is
      "You could harm your defense if you fail to mention when questiond something that you later rely on in court"


      Not being from the UK, is there any truth to that? The police may say that, but what do the judges/law say?

    25. Re:Well by zenneth · · Score: 1

      Perjury is a crime, you know

      Yeah! Just ask Lil Kim... courtesy of the penal system.

      heheh... I said "penal"

      --
      The Chronic *WHAT* les of Narnia!
    26. Re:Well by Anonymous Coward · · Score: 0

      no, not when it's you that they're investigating. acting for the government or not you should have every right to try and throw off those persuing you - otherwise it's just a case of the law looping round to protect itself.
      Consider: law A makes x z illegal, but leaves a loophole which allows you to do y, law B makes it illegal to exploit loopholes, making y illegal by default.

      He wouldn't have been under oath, the police can't question people under oath, although I can't seem to find any evidence to back this up...

    27. Re:Well by davmoo · · Score: 1

      Yes, you are generally not under oath when you are being questioned by the police.

      However, in some states in the US (and I know for sure in both Kentucky and Indiana) lying to a law enforcement officer is a crime in itself. For example, when a police officer stops you on the street and asks your name, if you give anything other than your real name you have just commited a crime for which you can be arrested. And if I'm not mistaken, these laws have been upheld in the Supreme Court.

      In short, lying to the police, in either the US or UK, is not a smart move if you are otherwise innocent.

      --
      I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
  15. Headline way off base by Red+Flayer · · Score: 1

    "IT: Consultant Convicted For Non-Invasive Site Access"

    No. The consultant was convicted of attempting to access a system which he knew he was not authorized to access. He never got access -- t was the attempts that nailed him.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    1. Re:Headline way off base by Krach42 · · Score: 1

      Is the following situation illegal? You donate money to a company. They don't give you a receipt at the store, and after a reasonable time, you don't get one in the mail. So, you go by their building at some point, and look in the windows, and try the doors and windows to see if they're open. Just to make sure they're on the level.

      This would be pretty close to real-world equivalent to the events in this crime.

      Honestly, if the above example is illegal, then just looking into the windows is just as illegal, because it shows you had as much intent as just trying the doors, which has as much intent as trying the windows.

      If you think it's wrong that he got an access denied trying a directory traversal attack, then let's look at something perhaps all of us tech-suave people have tried: You get linked to a picture by a friend, you like the picture, want to see if there are more so you delete the filename out of the path. BOOM! You're hit with a 403 Access Forbidden. In England under these conditions you just broke the law.

      Now, when the police come knocking on the door make sure you tell them exactly what you did, and not try to deny anything about it, because even though you didn't do anything wrong, they're investigating it now, and if you piss them off by lying to them, then they'll get you.

      Take for example someone who is involved in a suspected murder. The police find the person who did kill the person under suspicion (no proof yet), and ask him some questions. He lies about where he was at. (A natural tendency of humans to lie to avoid responsibility for an action.) Later after more investigation, it's found that he really did cause the death of the victim. Here's the thing, it was justified. Self defense even. Now, you get before the judge and he says, "Meh, you lied to the cops. It doesn't matter that you were justified. You need to be found guilty because you should have talked to the cops in the first place."

      Now, apparently according to claims above, the UK will hold you responsible for not divulging information to the police that provides for your justification or innocence. But in the US, that's bullshit, and it would never fly.

      --

      I am unamerican, and proud of it!
    2. Re:Headline way off base by Red+Flayer · · Score: 1

      "BOOM! You're hit with a 403 Access Forbidden. In England under these conditions you just broke the law."

      Not true, you were not aware that you were not authorized. If you were to try again, knowing so, then you broke the law.

      I am not saying that the law is just. I am not saying that I think this conviction is fair.

      I am just saying that the headline does not describe what actually happened.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    3. Re:Headline way off base by Krach42 · · Score: 1

      Ok, so after you get hit with the 403, you run up the tree until you hit the hostname, hitting 403's all the way.

      Either way, it's unreasonable to expect protection against simple non-malicious security examinations.

      While, I'll agree that it creeps me out to think someone might come to my door and try opening it, but I don't think it should be illegal for them to try unless they went in.

      --

      I am unamerican, and proud of it!
  16. Re:Unintended consequence of regulation and contro by david.given · · Score: 4, Funny
    The UK has preceded the US in destroying the basic rights of its citizens, replacing laws against violence with laws against rights.

    However, we still don't have any laws against trolling. Shame, really...

  17. Wonder how good he is... by It+doesn't+come+easy · · Score: 2, Funny

    Now that he's beginning his new career as a black hat...

    --
    The NSA: The only part of the US government that actually listens.
  18. Or.....? by Valiss · · Score: 2, Insightful

    Another defense argument is this guy's actions were merely attempts to verify legitimacy of the fund raising site. So, what exactly was he doing to verify? (And why wouldn't he take more traditional avenues such as Googling, etc. What are the implications of every cynical user of a site attempting "access" to verify legitimacy?)


    Or how about picking up a phone and CALLING them. If there is no number to call, donate elsewhere.

    --

    -Valiss
    1. Re:Or.....? by SkyDude · · Score: 1
      Or how about picking up a phone and CALLING them. If there is no number to call, donate elsewhere.
      How dare you think of something so simple and logical! Let me send your $.50 so you can call your parents and tell them why you will never be a lawyer.
      --
      == First cross river, then insult alligator.
    2. Re:Or.....? by Valiss · · Score: 1

      How dare you think of something so simple and logical!

      Who seriously thinks that the first line of verification is to "hack" a site? Wouldn't you, you know, try to contact the company in a regular avenue of communication?

      --

      -Valiss
  19. unbeliveable by Anonymous Coward · · Score: 0

    When you read a story like this you just wonder who paid that judge to make such an insane and wrong decision. Let's hope the poor guy will appeal.

  20. Re:Unintended consequence of regulation and contro by 14erCleaner · · Score: 1
    The right to, um, test other people's security systems. Yeah, that's the ticket! It's in the UN's Charter of Human Rights, somewhere, I'm pretty sure...

    It's interesting that, much like in Watergate, he got in trouble mostly because of the coverup, not the crime itself.

    --
    Have you read my blog lately?
  21. WARNING! by Spy+der+Mann · · Score: 2, Insightful

    Putting an innocent person to jail will make him want to get some retribution for his time spent UNFAILY in jail.

    Will he trust in the government after? In trials? In the police? The guy feels betrayed by the same government he paid taxes to! What they're teaching him is to be much more careful the next time he tries to hack a site. Yeah, nice way to "reform" a "criminal".

    1. Re:WARNING! by kfg · · Score: 1

      And this is why it is less damaging to society to have a system in which 10 guilty go free on some "technicality" (like you couldn't prove they did it or something) then to convict a single innocent man.

      Of course, as many others have noted he should have let a lawyer do his speaking for him. All of it. From word five.

      You see, when the police tell you that you aren't actually a suspect in a crime, they're just required to investigate because someone filed a complaint and they just want to clear it off the books. . .

      They are doing something called "lying."

      Unfortunately civilzed law is a social contract based on a "trust metric."

      KFG

    2. Re:WARNING! by ifwm · · Score: 1

      "The guy feels betrayed by the same government he paid taxes to!"

      Then his feelings of betrayal are misplaced.

      He should feel betrayed by his sense of right and wrong.

  22. Re:Unintended consequence of regulation and contro by dada21 · · Score: 3, Insightful

    The fact that he was arrested for performing a nonviolent act is the first abuse by authorities.

    After finding no cause to charge him, they instead convicted him of lying. So he was wrongfully accused, but during interrogation he lied.

    Crazy world we live in. Why not arrest every tenth person for murder. See if they slip up some fact, then book them.

    In my mind, if the original arrest is unfounded, take no action.

  23. This is a non-issue without more info. by Anonymous Coward · · Score: 0

    I don't see enough information here to determine if this sets dangerous prescident or not.. all it says is "accessed".

    Does that mean he ping/trace routed them? Did a WHOIS? or did he attempt to log in to their cpanel or equivelent? did he brute force a login prompt for 3 days?

    I'm "Accessing" this page right now, as are you.

  24. The steps in the story. by khasim · · Score: 1

    The "security consultant" clicked on a banner ad.

    Then he gave his credit card info to the site that banner linked to.

    Then he wondered if it was a phishing site so he tried to crack it.

    Then he lied to the cops when they investigated.

    And now he was fired. I for one do not see a problem with that last step given the preceeding 4 steps.

    1. Re:The steps in the story. by LocalH · · Score: 1

      Directory traversal is now "cracking"?

      At least you had the common sense not to call it "hacking". But you're still wrong.

      --
      FC Closer
  25. Wow. That's a pretty vague law... by karlandtanya · · Score: 4, Insightful
    "a person is guilty of an offence if: he causes a computer to perform any function with intent to secure access to any program or data held in any computer and the access he intends to secure is unauthorised and he knows at the time when he causes the computer to perform the function that that is the case."


    This reads to me something like "If anybody tells you can't do something with a computer, and you do it anyway, it's a crime.".


    So, in the UK, to attach criminal liability to your violation of any of my own wishes, I just have to somehow involve a computer.


    What, by the way, is a computer in the UK? Do embedded devices count? Don't leave through that automatic door; Mickey here hasn't sold his quota of cars this week, and we want a fair chance to convince you to buy. Whoops--you triggered the photoeye, causing the automatic door to open. I guess you can't get more egalitarian than this--every individual has the right to pass criminal laws.


    OK, this seems a really silly example. It is. After all, we trust the authorities to selectively enforce overly broad laws--only prosecuting the real bad guys.


    Hell, it works on this side of the pond; why not over there?

    --
    "Reality is that which, when you stop believing in it, it doesn't go away." - Philip K. Dick
  26. Re:Unintended consequence of regulation and contro by Tony · · Score: 2

    Which of Cuthbert's rights were violated when he broke the law and was convicted of doing so, again? I missed that part.

    I think the point of the GP post was simple: the "law" he broke infringes on basic rights. Just like watching CSS-encrypted DVDs on a Linux box is illegal, certain laws make criminals out of honest citizens.

    If I were arrested in Fairbanks, AK, for carrying an ice-cream cone in my pocket, I would hope for some public outrage. Yes, there's a law against it; but that law infringes on my basic right to carry an ice-cream cone in whatever manner I desire.

    "Hey! It's also illegal to put squirrels down your pants for the purposes of gambling!" -- Chief Wiggum

    Not that I agree with the GP. I'm still undecided.

    --
    Microsoft is to software what Budweiser is to beer.
  27. Rule Number One... by beheaderaswp · · Score: 2, Insightful

    I do security audits for a living.

    Although I do them with a fully endorsed and NOTARIZED release!

    Rule number one:

    "Thou shalt not perform any invasive activity against IPs that you do not have defacto administrative control over or have legal release (in hard copy) to do so."

    I have no sympathy for the guy.

    The comment at the end of the article is crap IMHO: "I've run into a lot of people in the penetration test community over the past few months, and they're all sympathetic to Dan. Their view was that he merited a ticking off, not losing his job. The police need the help of penetration testers and this won't help"

    Outside of publicly available DNS and ARIN information there's not much more you can do to a remote host to find out whatever information you are looking for. At least if you want to stay out of hot water.

    "If you scan the port you go to court"

    --
    Another consultant who stuck it out.

    "We are the Priests, of the Temples of Syrinx..."
    1. Re:Rule Number One... by ant_slayer · · Score: 1

      Offtopic? Huh?

      (a) There's a quote from the article
      (b) The poster is in the same industry and clearly has a valid opinion
      (c) The poster lists candidate 'safe' tests, vs the 'unsafe' 'tests' for which the guy got busted
      (d) The poster expresses his lack of sympathy for what the guy in the article did
      (e) The poster mentions the conditions under which such activity is valid...

      Is there anything about the post that's *not* on-topic?

      Whoever meta-moderates this one, I hope you check the context...

      -Ant Slayer-

    2. Re:Rule Number One... by geekoid · · Score: 1

      so if I type website.com/../index.html instead of website.com/index.html I should go to prison?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re: Rule Number One... by KURAAKU+Deibiddo · · Score: 1
      "If you scan the port you go to court"

      I wasn't aware that Johnny Cochran had relocated and was practicing law in the U.K.

    4. Re:Rule Number One... by beheaderaswp · · Score: 1

      I'm not making a value judgement. I am commenting on the way things are. If you access a computer not administratively owned by you, or do not have a release to do so, in the eyes of the law, access other than intended (regardless of intent or level of information leak) will probably be seen by a court as a violation of the law.

      If you do security, infrastructure, and/or server integration that is the standard you have to adhere to avoid the "appearance of impropriety" and any snafu's that might come up in western law.

      Additionally, he also should have taken note of this:

      http://www.sage.org/ethics.mm

      --
      Another consultant who stuck it out.

      "We are the Priests, of the Temples of Syrinx..."
  28. Better summary by DrSkwid · · Score: 4, Informative

    http://www.theregister.co.uk/2005/10/05/dec_case/

    'DEC hacking' trial opens
    Accused gives evidence
    By John Oates
    Published Wednesday 5th October 2005 16:22 GMT

    Horsferry Road Magistrates Court has heard the first day of evidence against the East London man accused of hacking into a donations site for the tsunami appeal last December.

    Daniel James Cuthbert, 28, of Whitechapel, London, is accused of breaches of Section One of the Computer Misuse Act, 1990, on the afternoon of New Year's Eve, 2004. He had earlier pleaded not guilty.

    Cuthbert is accused of attempting a directory traversal attack on the donate.bt.com site which handles credit card payments on behalf of the Disasters Emergency Committee.

    Giving evidence on his own behalf, Cuthbert, at times near tears, said he had made a £30 donation to the site, after clicking on a banner advert. Because he received no final thank-you or confirmation page he became concerned it may have been a phishing site, so he carried out two tests to check the security of the site.

    The case continues tomorrow. ®

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:Better summary by TheRaven64 · · Score: 1

      I saw that headline a while ago and assumed it was something about hacking OpenVMS.

      --
      I am TheRaven on Soylent News
    2. Re:Better summary by fandog · · Score: 1

      Heh, I was skimming replies so fast I didn't realize it wasn'tOpenVMS until I read your comment... ;)

    3. Re:Better summary by Slime-dogg · · Score: 1

      bt.com, eh? That's a telecommunication's company that is fairly large. If he were suspicious of phishing, why from that site, of all places? Sounds like he got caught with his hands in someone's pocket, looking around for credit card numbers, and is pissing in his pants scared.

      --
      You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
    4. Re:Better summary by Anonymous Coward · · Score: 0

      Try actually reading around to find out what kind of supposed "attacks" this guy used... A directory traversal "..\" typed in the URL can oftentimes just be shorthand way to try and get back to the more root (as in site structure, not access) parts of a site.

      Sheesh, I do this freakin' all the time on sites to hit regular index pages because I expect any normal web site to be setup properly and just redirect me if it's not a valid page.

  29. Agh, stupid typo by Spy+der+Mann · · Score: 1

    I meant to say "UNFAIRLY".

  30. Kind of like the Martha Stewart case by MyTwoCentsWorth · · Score: 1

    He has been convicted because he lied to the police about it and that made the judge suspicious about his innocence. The judge is quoted as saying that if he'd have told police the truth he'd have been acquited.
    Just like Martha...
    Happy Posting.

    1. Re:Kind of like the Martha Stewart case by Anonymous Coward · · Score: 0

      So when he gets out of jail will this guy get a bad TV show too?

      This post brought to you by the booze council. Because booze really satisfies. Booze takes a dull party and makes it better! Booze makes you popular and heals all wounds! B, double-O, Z, E -- Booze!

  31. Re:Unintended consequence of regulation and contro by Anonymous Coward · · Score: 0

    Na - he could be right. Give guns to everybody - and when we're all dead the crime rate will drop for sure.

  32. Re:Unintended consequence of regulation and contro by Anonymous Coward · · Score: 0

    Police don't carry guns in the UK.

    The police who shoot the person in London are probaility going to be trialed for murder.

  33. Misleading synopsis by Nybler · · Score: 1

    The synopsis states Daniel Cuthbert was "worried that he'd been stung by a phishing scam" as the motive for his unauthorized access to the site. The article never mentions motive. The one thing the artcicle does make quite clear, which the synopsis doesn't, is the reason for his conviction was lying to the police. Seems as though he wasn't paying attention to the Martha Stewart case.

  34. let me get this straight by idlake · · Score: 1

    So, typing "/../" at the end of a URL is now considered a cybercrime?

    1. Re:let me get this straight by Evil+W1zard · · Score: 1

      Actually yes it is if they can prove that you are purposely trying to drill down into directories that you know you shouldn't have access to. Its all about proving intent which can be hard. But for certain ppl (like a computer security consultant) I think it would be hard for him to feign ignorance in the eyes of judge/jury...

      --
      News Reporters Make Tasty Polar Bear Treats!
    2. Re:let me get this straight by bmetzler · · Score: 0
      So, typing "/../" at the end of a URL is now considered a cybercrime?

      I missed that part in the source article. Is that really all he did?

      -Brent
    3. Re:let me get this straight by idlake · · Score: 1

      I was being sarcastic. Of course, that's the law in Britain. It just happens to be a bad law.

      I suggest a simple principle: nothing you can type by hand into the location field in your web browser should ever constitute "hacking" or a "computer crime"; the duty for protecting their sites that much should be with web site creators.

    4. Re:let me get this straight by Evil+W1zard · · Score: 1

      The duty for protecting ones house should be up to the homeowner then so if someone leaves their door unlocked you can enter and do whatever you want in the house. Or if someone leaves their car door unlocked you can go in and do whatever you want.

      There is a lot you can do from a web browser or within a web page that is malicious, but Im sorry to disagree totally that it should be up to the site owner to protect their system and that no repercussion should fall on those that try to go around security. That to me is plain stupid.

      --
      News Reporters Make Tasty Polar Bear Treats!
  35. Re:Unintended consequence of regulation and contro by Anonymous Coward · · Score: 0

    I followed the link about prisons and it's quite amusing - ancient Israel didn't have prisons, because with whipping and execution as punishment, it didn't need them. And trolls got crucified.

  36. Re:Unintended consequence of regulation and contro by ak3ldama · · Score: 1

    He did basically break the law. But this is a similar situation to a Red Cross volunteer walking up to your door and asking for a donation, which you give out but then want to find out if it is valid. So you go to the local Red Cross and ask if the person you gave money to is legit. But in the online sense there isn't really a physical building you can go to, or people you can talk directly to. The distance that can be felt from websites, and sometimes their shoddiness, can leave a bad feeling that makes you wonder if it is legit or not.

    --
    "but money is the God of Algiers & Mahomet their prophet." - Rich. O'Bryen June 8th 1786
  37. HE BROKE THE LAW by Quirk · · Score: 1
    He broke the 11th Commandment:

    Don't get caught.

    Guy should do time for posing as a security guru then getting busted.

    --
    "Academicians are more likely to share each other's toothbrush than each other's nomenclature."
    Cohen
  38. Re:Wow. That's a pretty vague law... by RoboRay · · Score: 1

    This reads to me something like "If anybody tells you can't do something with a computer, and you do it anyway, it's a crime." Change that to "If anybody tells you that you can't do something with THEIR computer, and you do it anyway, it's a crime" and you'll be on-target. That sounds fair to me.

  39. audited by Anonymous Coward · · Score: 0

    good opportunity to scrutanize the DEC also....

  40. So why wasn't he convicted of lying to cops? by Darius+Jedburgh · · Score: 1

    Is it the job of a judge to convict someone of a crime they didn't commit as punishment for doing something else? This is a typical police state tactic, not something you expect in a civilized country. If he lied to cops, and that is a crime, that that is what he should have been convicted of. Convicting someone of the wrong crime (1) encourages judges to slap all kinds of convictions on people for no reason "maybe he didn't commit this crime but he's a shifty character so he deserves punishment anyway" and (2) reduces the ability of the justice system to deter crime by failing to deter the actual crime that was committed. It is crucial that the justice system doesn't just punish criminals but punishes criminals for the correct crime.

    1. Re:So why wasn't he convicted of lying to cops? by Anonymous Coward · · Score: 0
      Is it the job of a judge to convict someone of a crime they didn't commit as punishment for doing something else?
      The lying created a reasonable presumption of intentional unauthorized access, yet also made his testimony to the contrary worthless. Never lie to the cops. Never.
  41. Refund by mhandlon · · Score: 2, Funny

    I hoped after all this he asked for his donation back.

    --
    Nyquil = Nectar of the devil
  42. Re:Unintended consequence of regulation and contro by Evil+W1zard · · Score: 1

    Moral of the story: Do not try to use the excuse of curiousity to break into another person's system? If he was concerned over the validity of the site in question he should have done web searches on it and/or other background checks. As a "security consultant" he should have known better and the judge IMO did the right thing. I don't see where this persons right are being violated here as he was the one who acted as an attacker in this scenario.

    If you think this is ok then would it be ok for me to use the excuse "I think Slashdot might be leaking personal information about me so let me try to gain privileged access to the site..." No it wouldn't.

    --
    News Reporters Make Tasty Polar Bear Treats!
  43. Re:Unintended consequence of regulation and contro by nogginthenog · · Score: 1

    Normal police don't carry guns but some specially trained ones do (anti-terrorism). Also major police stations have armed rapid responce units.

  44. Re:Unintended consequence of regulation and contro by hahiss · · Score: 1

    Interesting theory, that you shouldn't be arrested for nonviolent actions.

    So, if I steal your car (say I'm a locksmith, so I don't do any damage at all), I shouldn't be arrested? I haven't done anything violent---just opened the car door, started the engine, and driven off. (For the sake of argument, let's say that you're asleep, far, far away.)

    That's gonna undercut the whole ``capitalist" part of ``anarchocapitalism," since people would then be free to commit nonviolent property crimes.

    --
    "Every decent man is ashamed of the government he lives under." - H.L. Mencken
  45. So was the site legit? by jgjonola · · Score: 0

    What I want to know is, after all of that checking, was the site legit?!? Was he right? I think he deserves a little credit if it wasn't. :) Also, let's see the email that made him think he was scammed. In reality, either way this guy isn't too smart. I think after careful consideration, I would have to fire him also.

    Think about it.

    He couldn't tell that he was being phished. If he even suspected it, as a guy that works in security, you think that he would check it out FIRST before sending his money in. But alas, fe probably did it, thought oops shouldnt have done that, tried to break into the database to erase his info, and failed. There is another reason I might fire the guy. He wasn't even successful at breaking in. Third reason... he wasn't careful enough to cover his tracks. Teenage script-kiddies could probably have done it and got away with it.

    Oh well, he will probably write a book entitled "How The Phishermen Sent Me To Jail" and get rich. RIGHT ON MAN.

    J Gjonola

  46. Re:Unintended consequence of regulation and contro by Anonymous Coward · · Score: 0

    The fact that he was arrested for performing a nonviolent act is the first abuse by authorities.

    Yeah, and it'd be an abuse to arrest someone for fraud, theft, blackmail - and hey, you could rape someone non-violently if you use the date rape drug.

  47. Re:Unintended consequence of regulation and contro by timmyf2371 · · Score: 1
    The fact that he was arrested for performing a nonviolent act is the first abuse by authorities.

    I'm sorry, abuse?

    Does this mean if, for example, your car was stolen with no violence involved, you would be happy if no action was taken? What if your house was burnt down by someone who doesn't like you, but again, no violence was involved. I'm sure this would be acceptable too, right?

    Whether you like it or not, the Computer Misuse Act (1990) is here for a reason. It is not a basic human right to access computer systems you are not authorised to access. It is not a basic human right to "check for security".

    You do have the right not to donate to certain websites, and not to use certain websites. You also have the right to search the web for opinions of others who have used a particular service.

    Sadly, I suspect your original post is nothing short of trolling.

    --

    Backup not found: (A)bort (R)etry (P)anic
  48. Sigh by Anonymous Coward · · Score: 0

    Every time I read a story like this I think of the guy who broke into our systems a few years back, using passwords he'd had on other systems before he quit the company, then installed a forward rule on some director's email accounts, deleted a bunch of files from CVS, then wiped the Linux logs. We caught him while he was downloading the copied emails over the next few days. Made a full analysis and report, placed a formal complaint with the police, and we're still waiting for something to be done about it...

    Sometimes people make a big deal about electronic crimes, but the break in to our systems cost us an incredible amount of time and money, and was basically done for commercial gain - the CVS files were for a client that switched away from us the day after the break-in. Since the hacker was an ex-employee, who we trusted, it was very traumatic. I think we lost something like 50k over this break-in, much more if we count the lost customer.

    Worst of all, the bugger - after admitting he did it - launched a lawsuit against us, trying to blackmail us into dropping charges.

    If I'd gone to the police with an eye-witness statement of someone breaking into my car, the guy would have been arrested and charged. But when it comes to computers, it's still astrology to most law enforcement.

    I'm posting this anonymously because the case is pending.

    Anyhow, it's nice to see e-crooks get their come-uppance. This kind of case at least proves that crime by modem and ADSL is still crime.

    1. Re:Sigh by beheaderaswp · · Score: 1

      Your company used the police to deal with this?

      I would have gone to the Cyber Crimes Division of the FBI. They'll get involved when there is more than $5000.00 in documentable damages.

      --
      Another consultant who stuck it out.

      "We are the Priests, of the Temples of Syrinx..."
    2. Re:Sigh by lgw · · Score: 2, Interesting

      If I'd gone to the police with an eye-witness statement of someone breaking into my car, the guy would have been arrested and charged. But when it comes to computers, it's still astrology to most law enforcement.

      This is the mistake in your reasoning. The idea that the cops would care about the car theft is simply false. There may be a few police out there who would care, but none in my experience. A friend of mine once witnessed a few guys breaking into a corvette outside a nightclub in Houston (they weren't very good at it - cleary someone *thought* he knew how to hot-wire a car), walked a block to find a uniformed policeman, and spent 10 minutes trying to pursuade the cop to go do something about it. Finally the corvette goes by with 2 of the thieves in it, and my friend jut gives up. Realistically, he should be thankfull *he* wasn't arrested for stealing the car!

      I had a similar experience once when I was robbed/assaulted while delivering pizza. This particular thief wasn't very bright, and it was clear where he actually lived (he didn't quite rob me after ordering pizza to his own house, but it was about that stupid). I return to find a cop walking out of the pizza place with a couple of free pizzas, explain that I had just been robbed (like the still-flowing blood wasn't a clue), and that the guy was right down the road over there and "let's go arrest him". Couldn't get the cop to care. He did write me a ticket for expired tags the next day though, which was nice.

      I could go on, but the theme is the same. You can guess how I feel about cops.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    3. Re:Sigh by ScentCone · · Score: 1

      The idea that the cops would care about the car theft is simply false. There may be a few police out there who would care, but none in my experience.

      Where do you live, New Orleans? It's a shame you can't get your fellow voters to hold your city/county responsible for hiring decent LEOs.

      I have interacted with police on the most trivial of stuff (neighborhood vandalism, cars broken into, etc) and on serious stuff (assault, business burglaries, financial fraud, etc) and have never found a single person I dealt with to be less that courteous, engaged, and dedicated to solving the problem. I've seen the vandals arrested, the car B&E asses arrested, the fraudsters arrested (and pushed up to the feds) and so on. I've dealt with beat cops, motor cops, detectives, administrators, even clerical assistants - all at the city, county, and state levels, in jurisdictions across multiple states. I have never experienced anything like what you're describing. So, if you have shitty local law enforcement, that's a shame - but it's your local culture, not "police" as a class of public servants that you should be bitching about.

      --
      Don't disappoint your bird dog. Go to the range.
    4. Re:Sigh by lgw · · Score: 1

      Well, I only present my experience. But in my experience, the cops have never solved a single crime against my person or property (except the one guy, who when the police showed up when he and his friends were stealing my car, actually tried to hide in my car - but they let him go the next day). No one has ever been held accountable. In my experience, the police function only as insurance company functionaries, providing the paperwork that allows insurance claims, and writing the tickets that drive up insurance rates. Not that I haven't met polite cops, just never a *useful* cop.

      Maybe it's a big-city thing.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  49. ALWAYS BOUNCE THROUGH CHINA?!?! by Anonymous Coward · · Score: 0

    When I "investigate" a website, I ALWAYS bounce through a proxy internationally. Duhhh. Some security expert.

  50. Re:Unintended consequence of regulation and contro by Anonymous Coward · · Score: 0

    If it is illegal to carry ice cream in your pocket then only criminals will have ice cream in their pocket!

  51. (and Nelson Mandela too?) by Kafka_Canada · · Score: 1

    Er... free Kevin Mitnick?

    --
    Fuck it
  52. Re:Unintended consequence of regulation and contro by TheRaven64 · · Score: 4, Insightful

    It sounds more like a red cross person asks you for money, but doesn't say thank you, so you try to pickpocket them to check their ID is valid, and then get caught with your hand in their pocket.

    --
    I am TheRaven on Soylent News
  53. Re:Unintended consequence of regulation and contro by stlhawkeye · · Score: 2, Insightful
    If I were arrested in Fairbanks, AK, for carrying an ice-cream cone in my pocket, I would hope for some public outrage. Yes, there's a law against it; but that law infringes on my basic right to carry an ice-cream cone in whatever manner I desire.

    I completely agree with you, but be careful about how you fling about the term "right." Rights are things that all men possess as an incident of being human beings. They cannot be taken away or awarded, you always have them. Governments may only choose to recognize them or ignore them. This is the fundamental principle of American individual liberty, and our civil rights. We play fast and loose with what constitutes a "right" on Slashdot. Does this guy have the "right" to "[carry] out two tests to check the security of the site" and does a law preventing such a thing violate that right? I honestly don't know, and I suspect neither do most of the outraged posters on Slashdot. It's a comforting assumption that we have such a right, but do we really? That's really the question that an article like this should beg, and it might start an intellectual conversation, which is almost always a more edifying experience than the predictable Slashdot outrage whenever one of "our own" is brutalized by The Man for breaking laws that we find unpalatable.

    --
    "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
  54. Re:Unintended consequence of regulation and contro by Anonymous Coward · · Score: 0

    and you think not allowing access to guns (at least legally) is a bad thing because ???

  55. Avoid the bt.com domain by cortana · · Score: 2, Interesting

    For my own safety I think I'll configure my copy of bind to not resolve names in the bt.com zone. BT's IDS is famously overzealous--anyone remember that 'hacker' gaoled for using Lynx story from last year? That was BT's fault as well.

    1. Re:Avoid the bt.com domain by Anonymous Coward · · Score: 0
      My experience with BT began with a dial-up service many moons ago. I was suddenly cut off from the service for breaking the "service conditions", after ringing the security department they stated "we don't know why you've been blacklisted, but we can find out for you".

      At this point I just changed ISPs and saved shit-loads of £££s anyhow.

      BT would now have to PAY ME (a lot) to ever use them again.

      Just my £0.02

  56. Providing false information to a cop is a crime by DECS · · Score: 1

    Perhaps there are places where one can legally lie to the cops, but I was charged and convicted for "providing false information to an officer" when I was a kid, because I told them I had car insurance when I didn't.

    They also charged me with "not having insurance", and "not having proof of insurance" (separate charges in that state; not all states criminalize both, and a couple don't require insurance at all).

    In any event, the cops just charged me with a whole bunch of shit so that some of it might stick. That's how our frail and clumsy "justice" system works: spew lots of charges so you can throw some out to "work out a deal."

  57. Why? by SheeEttin · · Score: 1

    First, I have not RTFA. (Who does?)
    Second, what exactly was so illegal? I've done many ARIN queries and borrowed Symantec's geographic IP locator to find out about various sites. Nobody's come knocking on my door (yet).

  58. OR by QMO · · Score: 1

    At least she'll SAY she agrees.

    --
    Exam 4/C again. Maybe I'll do better this time.
  59. What a Joke by OneByteOff · · Score: 1

    It would be helpfull to know exactly what he did.

    Did he run an exploit, did he test for the vulnerability of the system against an exploit?
    Was it SQL Injection, Java Injection or just plain login abuse?.

    Hard to determine whether he was truly attempting to gain "unauthorized access" without knowing more details, but what I can say is that this is a cut and dry text book case.

    1). Attacker attempts to exploit vulnerability (regardless of how/why)
    2). IDS Detects and Logs Attacker
    3). Law Enforcement is contacted and provided with logs and asked to act
    4). Law Enforcement acts, legal system convicts attacker

  60. Soooo.... by Anonymous Coward · · Score: 0

    So if I went to the .gov site or some other site and keyed in the 'MASTER' or 'ADMIN' for the login and password after seeing a NOVA program about how millitary computers often forget to remove the default passwords I could get into trouble just for trying?

    What would happen if I got in on the first attempt?

    Would it be the same if the guy went up to a house and try to door to see if was unlocked?

  61. This sounds like the kid by ifwm · · Score: 1

    who gets caught red handed, then comes up with a (very weak) lie to cover.

    I'm NOT saying this guy is lying (I'm just implying it)

  62. Why Do People Do Stupid Things? by Evil+W1zard · · Score: 2, Interesting

    After RTFA and then looking at the poll I amazed at the reaction. 87% of people think he should not have been convicted thus far because he "didn't cause any damage"

    Its time to wake up people. First point: Yes he did cause damage. Money was spent investigating the intrusion which is monetary damages. Second Point: He very well could have caused damage had he successfully broken in. Do we not punish crackers now just because they didn't destroy data? Thirdly: He is a professional in the Information Security field! Of all people he should be held to a higher standard because of his career field.

    How does this hurt the Penetration Testing career field as well lol (another piece of FUD in the article...) Professional penetration testers have to sign lengthy contracts that state what they are allowed to do in order to protect themselves from prosecution later on the road. Documentation is kept during the process of testing so the testers can show that at point X when they were attempting attack Y they did or did not shut down Server Z... What this guy did was attempt to break into a system that he had no prior consent to do so! Thats illegal and he being a security consultant would know that... I can't just arbitrarily attack a website because I think they might not be real. Sure people might sympathise with me if I was right, but that doesn't mean it makes it legal.

    --
    News Reporters Make Tasty Polar Bear Treats!
    1. Re:Why Do People Do Stupid Things? by Anonymous Coward · · Score: 0

      You can't say that the guy caused damages because the investigation cost money. If all he did was to attempt access to directories which were not linked to, that damage was caused by the charity (for reporting a non-crime) and the police (for investigating a non-crime). I'd say they, along with the judge, have also done another form of damage, because people should be afraid to ever give money to a charitable web site in the UK.

      There's also damage to internet advertising. It should probably be common sense never to click on any banner ad these days, at least in the UK. If it's not a phishing attack, you still have to worry about getting thrown in jail if the site doesn't like which directories you go to.

      But the point is, the damage was done by the morons who decided this was a crime, not the poor guy who got thrown in jail for doing something a 7-year-old could figure out how to do.

    2. Re:Why Do People Do Stupid Things? by Sigma+7 · · Score: 1
      First point: Yes he did cause damage. Money was spent investigating the intrusion which is monetary damages.


      How did he attempt to intrude? Did he attempt a buffer overflow attack (generally exploiting an unknown hole), or did he simply place a few "../"s within the URL (asking politely where the information is located.)

      Real-life eqivalents: The former is using a 20-pound ledge to break down a locked door, while the latter is simply asking a servant to unlock the door for him.

      BTW, the judge found him guilty because he initially lied to police, even though the first paragraph for one of the TFAs said, "the judge hearing the case accepted that he meant to cause no harm". Given that a crime is composed of an act and intent (or lack thereof), what was the initial lie that caused the judge to find him guilty?

      Having an opinion about this case is nice - but there's too little information to dismiss him as an amateur h@x0r. Perhaps the standard for prosecuting should be revised to explain why inserting "../" is a hack attempt.

      Second Point: He very well could have caused damage had he successfully broken in. Do we not punish crackers now just because they didn't destroy data?


      That's why attempting to do a crime is still considered a crime (and carries a lesser sentence.) He didn't break into the system at all - he merely attempted to do so.

      Thirdly: He is a professional in the Information Security field! Of all people he should be held to a higher standard because of his career field.


      I heard that a person was accused of hacking because he used telnet. It just goes to show - just because someone appears to be hacking doesn't mean that he does. And yes, those "hackers" posted proof of the so-called dirty deed to show that they did "hacking".

    3. Re:Why Do People Do Stupid Things? by geekoid · · Score: 2, Interesting

      "First point: Yes he did cause damage. Money was spent investigating the intrusion which is monetary damages. Second Point: He very well could have caused damage had he successfully broken in."

      If he didn't break in, how could there be money spent investigating the intrusion?

      If you walk up to a store, and rattle the door to see if it is locked it is not a crime. If the company has a camera watching the door your not held for any liabilty to pay them back for money spent on the guy reviewing the camera tapes.

      It should not be a crime to test the computer security, and is certianly should lead to years in prison.

      "Thirdly: He is a professional in the Information Security field! Of all people he should be held to a higher standard because of his career field."

      all persons should be held to the same standard, regardless of what their job is.

      "Professional penetration testers have to sign lengthy contracts that state what they are allowed to do in order to protect themselves from prosecution later on the road."

      because they have to get into the system and look around. Also, the contract isn't really that lengthy.

      "What this guy did was attempt to break into a system that he had no prior consent to do so!"

      so? as long as he didn't get in, or make the system unreasonably unresponsive, it shouldn't be a crime.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:Why Do People Do Stupid Things? by Evil+W1zard · · Score: 2, Insightful

      I love it when the clueless talk like they know. Have you ever investigated an attempted intrusion or even a successful intrusion. You have to spend X amount of hours to go over the logs and see exactly what the offending IP did and then you go and try and correlate that with other traffic around the time to make sure that there weren't multiple sources involved. You also have to take the data collected and ensure it is protected as digital evidence.... Point is if you have ever investigated cyber crime then you know it is not a quick process and it costs a good deal of money in manhours and sometimes in equipment to build a solid case.

      Oh and BTW are professional fighters held to a higher standard if they get into a non-sanctioned street brawl? Yes they are because they are trained to fight. All I was intimating was that this person is a so-called professional InfoSec Consultant which makes it hard for him to feign ignorance...

      --
      News Reporters Make Tasty Polar Bear Treats!
    5. Re:Why Do People Do Stupid Things? by Thomas+Shaddack · · Score: 1
      You have to spend X amount of hours to go over the logs and see exactly what the offending IP did...

      man grep and then you go and try and correlate that with other traffic around the time to make sure that there weren't multiple sources involved.

      Given the amount of "background noise" from various scanning bots and worms, without a software that does this for you automatically you are doomed to a life of permanent reading of logs and chasing shadows.

      How does BT deal with such background noise?

  63. Re:Unintended consequence of regulation and contro by crabpeople · · Score: 1

    "This is a country that won't let their citizens bear arms (increasing crime [lewrockwell.com]), but will let security officers shoot first and never ask questions."

    I didnt go to your assumedly gun nut link, but i really dont understand what your syaing here. Are you saying that the brazillian guy, had he been carrying a gun, would have been less likely to get shot in the head? what would you have had him do? shoot the advancing security personelle?

    Repeat after me I DO NOT LIVE IN THE OLD WEST. I CANNOT SHOOT COPS BEFORE THEY SHOOT ME

    --
    I'll just use my special getting high powers one more time...
  64. They're the same by r_cerq · · Score: 1
  65. Re:Unintended consequence of regulation and contro by cybergrunt69 · · Score: 3, Interesting
    Which of Cuthbert's rights were violated when he broke the law and was convicted of doing so, again? I missed that part.

    Being convicted for the act of breaking the law is the way it's supposed to work. However, there's a difference - he was convicted because he lied to the cops.

    zdnet Judge Purdy accepted that Cuthbert had not intended to cause any damage, and also pointed out there was almost no case law in this area.

    District judge Mr Q. Purdy, who heard the case, told Cuthbert it was "with deep regret that he was finding him guilty"

    It looks to me that if he hadn't changed his story, nothing serious would have happened. If he had not talked to the cops without a lawyer, I think there's a good chance he would have gotten away with maybe a slap on the wrist. Since he lied to the cops to confuse the issue, the judge got mad and used a guilty verdict as a punishment for a lie. That's just wrong, and it sets a horrible precedence for future cases that are pursued based on a horrible law.

    I guess it's not just the US who has a fuggered up legal system that bases legal decision on petty "get even" routines... It's just sad.

    --
    --- "To ignore race and sex is racist and sexist!" -- Jesse Jackson
  66. Re:Unintended consequence of regulation and contro by rainman_bc · · Score: 1

    Do not try to use the excuse of curiousity to break into another person's system?

    Directory traversing IMO isn't trying to break into a system. Neither is SQL Injection or anything else.

    If you leave your blinds open when you shag your wife, and I look in your windows from the street, I'm not breaking any laws. Close your damn blinds.

    Really, a web site is up for public consumption, and directory traversing is quite a common http request. Web developers use it all the time - to specify images or a css file or a js file or whatever.

    He's just doing what a script is already allowed to do on the server.

    If you don't want it happening on your server, lock it out. It's easy. IIS 6 blocks that by default , and using mod_security you can block that request easily enough.

    Truth is, it's an idiot webmaster, and an idiot judge. I think it's making a mountain out of a mole hill.

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  67. More info re:Directory Traversal Attacks by JonTurner · · Score: 2, Informative

    The Joy of Directory Traversal Attacks

    In other words, if you're in the UK, don't type "../" in a URL or you go to jail.

  68. best post EVAR by Evil+Grinn · · Score: 0

    Holy shit, people with mod points please get this up +5.

    1. Re:best post EVAR by Cally · · Score: 1

      Smithers, I thought I told you not to start drinking before noon! Hmmm, WTF did I actually post up there, anyway?

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
  69. Another Op-Ed by ThinkComp · · Score: 1

    I made similar points to the ZDNet op-ed piece linked above in an op-ed of my own from March:

    http://news.com.com/Is+identity+theft+inevitable/2 010-1029_3-5648740.html

  70. Amendments to the Constitution are a part by hackwrench · · Score: 1

    of the Constitution, so when you refer to the Constitution you are referring to the amendments as well. Also, the Constitution does not grant rights to people, but guarantees them, or takes them away.

    http://www.usconstitution.net/const.html#Am5

  71. There is a need for regulation by neodiablo22 · · Score: 1

    While it wasn't clear on what he did when accessing the system I think that this was a fair ruling. These computer security experts are invading others systems which are running legitimately or not. I see this in the same way of an uninvited person entering your house and rummaging through your stuff. While this does hinder computer security experts from doing there job efficiently, it protects the right to privacy of the systems owner. What I feel should be done is for the government to create a system in which security experts can become government trained and certified to go into systems in a particular way (same way police gather evidence). After they are trained they should be allowed to use a service where they can apply for a warrant if enough evidence is gathered about the suspiciousness of the site. I see this as being a fair way to protect the rights of the systems owner. The only issues I find with this approach would be efficiency. Anyone agree with me?

  72. I hope this gets thrown out on appeal by Anonymous Coward · · Score: 0

    I hope this gets thrown out on appeal. We're getting to the point where someone can claim a crime occured where there isn't even any actual demonstration of harm. Yeah, I suppose I can see where it's not right to investigate a system, and that can cause harm, but that's not what this person apparently did.

    And lying to the police? It's not an issue I care to criminalize. This sort of thing makes me want to lie to the police more, not less. Of course, I'd immediately say get out of my face till I get a lawyer to any policeman who apporaches me. And if they get persisting, I'd feel no remorse at responding violently. At that point, they'd have broken the rules, and indicated to me they intended to violate my rights in a criminal manner.

    Thus they were no longer operating under lawful authority, entitling me to any response I find reasonable and neccessary to force them to desist.

  73. like warinings on coffee cups by chrisnewbie · · Score: 0

    They will have to put a new button that says that "i agree that i'm not entering this website with ill intent"
    To protect the consummer from badly secure website.

  74. These are dark times... by nightfire-unique · · Score: 5, Insightful
    As a fellow security consultant, I cannot believe the comments I've read for this article so far. Have people lost their self respect so fully that they hand every last shred of individual right and responsibility over to the state?

    Judge Purdy said that Cuthbert was "deliberately trying to throw the police off the trail", by saying one thing and then another.

    Well no shit! The people who were prosecuting him clearly couldn't handle the truth. These are not reasonable people. One who arrests another for a directory traversal (with no evidence of cracking) is not a reasonable person.

    The very fact the investigators couldn't discern between a cracking attempt and a directory traversal is evidence that the they were not capable of handling this type of work. Being an intelligent person, he probably figured the best course of action (to end this as quickly as possible) was to give the information to them in a way they could understand.

    For example, if I were arrested for the same "offense," I would probably state something like this:

    "I wasn't hacking; I was just using standard web access techniques to validate the site's identity."

    Which, depending on your level of ignorance, may be construed as "lying." The investigator may live under the impression that the only type of web access which is "standard" is logging on the site using the main form. The investigators probably felt he was being an arrogant prick and wanted to make an example of him. This is not the purpose of law.

    This guy donates 30 pounds to a charity, for which he receives no verification. He practices due diligence (against a phishing attack) by validating the authenticity of the site. And they have the nerve not only to arrest him, but to prosecute him! And convict him!

    I am repulsed, and I weep for the security community.

    --
    A government is a body of people notably ungoverned - AC
    1. Re:These are dark times... by casechopper · · Score: 1

      I wish that there were an article on this that explained exactly how he lied. Did he deny visiting the site? Or was it something more subtle like the above poster mentioned. If the police didn't understand his response then what he said could have been construed as a lie when really completely innocent. If he was just saying that he didn't hack into the site and they say he was hacking so he was lying. (diretory traversal isn't really hacking anyway is it?)

    2. Re:These are dark times... by Anonymous Coward · · Score: 0
      I love that you justify wasting taxpayers money, and police officer's time by claiming that they "couldn't handle the truth".

      Given that they were prosecuting him for what is essentially a non-event, I'd say it's a pretty safe assumption. They're idiots.

      So, while these very same police were leaving other cases unresolved, cases which were almost certainly more serious, this twit was feeding them lies in a pathetic attempt to avoid getting caught.

      Agreed. They should have been investigating real crime. This "twit" did not make an attempt to not get caught; he used his real IP to investigate the site. When the police arrived, he did not try to evade them; all we know is that their interpretation of his story before and after did not match.

      If he was a man, he would have owned up from the beginning, and let the cops deal with it. As it was he endangered the populace (and yes, I VERY MUCH consider wasting police's time to be endangering the populace) and wasting gobs of resources.

      Don't be ridiculous. The investigators chose to persue it from the beginning. No one is to blame, except them. There is nothing to "own up" to. He didn't do anything wrong.

      Fine don't send him to jail. Just make him pay ALL of the cost for the investigation. I think that would be perfectly fair.

      Given that he is a professional, I'd argue he has already paid more than his fair share of the investigation in the form of taxes.

      I would think "due diligence" would be to check the site, umm, BEFORE you give them your information. THAT would be due diligence.

      Presumably he did. However, the standard for due diligence increased when he did not receive a confirmation page or email, prompting to investigate.

      Have a nice day!

      Thanks. You too.

    3. Re:These are dark times... by Anonymous Coward · · Score: 1, Interesting

      The very fact the investigators couldn't discern between a cracking attempt and a directory traversal...

      This article implies that it is against British law to edit urls. Crap, I do that all the time especially when googling for something and the page google finds is too specific. Quite often the more general answer I'm looking for is up one level. Do I now need to tell firefox and/or bind to never present me with uk urls for fear that some underclued admin will try to cause all sorts of legal problems?

    4. Re:These are dark times... by Anonymous Coward · · Score: 0
      The people who were prosecuting him clearly couldn't handle the truth. These are not reasonable people. One who arrests another for a directory traversal (with no evidence of cracking) is not a reasonable person.
      You are (deliberately?) confusing "unreasonable" with "mistaken". The defendant's duty, both to himself and the public, was to clear up the mistake. For all he knew, the probe originated from a criminal whose trail was growing cold as he deceived the investigators. If he had be honest, or kept his mouth shut, he would almost certainly have either gotten the case dismissed without trial, or been found innocent. Furthermore, BT would likely have found itself on the losing end of a slander and false criminal complaint suit, with their IDS logs as the star exhibit.
      "I wasn't hacking; I was just using standard web access techniques to validate the site's identity."
      That's about what he said. Eventually. After leading them on a wild goose chase with lies that were preposterous upon further investigation.
      The investigators probably felt he was being an arrogant prick and wanted to make an example of him.
      What percentage of investigatees are not arrogant pricks? What the investigators knew was that his story kept changing.
      He practices due diligence (against a phishing attack) by validating the authenticity of the site.
      His fiduciary duty under his credit contract does not extend to deceiving offical investigators about the existence of that duty and the methods used to carry it out.
      I am repulsed, and I weep for the security community.
      A real security investigator would have documented his intent before taking action, or taken precautions to make his intent obscure. This bozo didn't document his intent, did probe from the same IP as his CC transaction, then tried to lie his way out of it. It pegs the needle on my neophyte meter.
  75. Re:Unintended consequence of regulation and contro by Evil+W1zard · · Score: 1

    I find it laughable that you don't think SQL injection for the purposes of gaining access to information that you are not authorized to view is ok? So I can do a bit of SQL injection and have password files or credit card information brought forward... But that is alright since you think "Directory traversing IMO isn't trying to break into a system. Neither is SQL Injection or anything else."

    Oh and BTW using the Window analogy is really off. The front page of the website is the Window and what this person did was try and get around that Window by using old exploits. Not everything is as straightforward as they want to make it.

    --
    News Reporters Make Tasty Polar Bear Treats!
  76. Lynx? by Kelson · · Score: 1
    Instead, Judge Purdy found Cuthbert guilty, because he had initially lied to the police about what he had done; Cuthbert originally told the police one story and later changed it.

    I've been wondering if this is the same guy who (supposedly) was arrested for using Lynx to access a charity site. If that was his original story -- "I didn't hack the site, I just accessed it using Lynx!" -- and it turned out to be untrue (as in he tried a known exploit, though only to verify info) -- that would fit with the article about the conviction.

    Does anyone know whether this is the same case?

  77. Surfing for porn a crime? by Anonymous Coward · · Score: 0

    So when I ../ a porn site to see if I can veiw the directories is that illegal? What if I change the directory from /005/ to /004/ is that going to put me in jail?

  78. Travesty of Justice! by Jesus+2.0 · · Score: 0, Troll

    "Cuthbert's defence argued that any unauthorised access was entirely innocent. (...) The defence also pointed out that Cuthbert had not attempted to defraud the site."

    Yeah! This conviction is a travesty of justice!

    I mean, it's as if someone broke into your house and just kind of looked around, without raping your daughter, killing your wife, or stealing anything! Entirely innocent!

    1. Re:Travesty of Justice! by geekoid · · Score: 1

      of course not but:
      a) that doesn't mean he should get the same sentance as if he did.

      b) your anology sucks.

      This is the equivilent of rattling the door on a store front.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Travesty of Justice! by Anonymous Coward · · Score: 0

      Or, at the very most, leaning up against the window after hours, cupping your hands to block out reflections, and looking through the gap in the curtains. Then getting busted for scoping the place out in preparation for theft.

      More times than I can count, I've clicked on a link, got 404'd, found an obvious error in the address, and made reasonable guesses as to what it should be, including "directory traversal." Sometimes it's taken me two or three tries.

      Could I have been prosecuted for that in Jolly Old?

      About lying to the police: Fuck 'em. They'd lie to you in a second. "We've got your partner in the next room." (They don't even know where he is.) "He's singing like a canary." (He wasn't even involved.) "Now's your chance to help us help you." (Open your mouth and you're as good as convicted, and they'll seek the maximum they can get away with.)

      Or you honestly, in the confusion and turmoil of an arrest, misremember events; or you casually say something in a way that's close enough for casual conversation, but turns out to be incorrect in cop-speak; or the cop actively try to mislead you into making a false statement, or you try to simplify to help the tech-ignorant cops understand sortakinda what you were doing, and then their expert goes over the transcript, and says, "That's not exactly true."

      Essentially, the cops can say anything they want, any way they want, and they can explain it away to the judge later. The words they say to the judge WILL NOT be the same as the words they used to you.

      You, however are held to the highest standards of accuracy for every utterance you make. You are not allowed to correct yourself, or explain, or retract.

      That's why, in the U.S., the good advice is "No matter what, keep yer goddamned trap shut until you have an attorney."

    3. Re:Travesty of Justice! by Anonymous Coward · · Score: 0

      It's more like, "Someone looked at your front door, and determined there was a lock."

      Yes, entirely innocent, if you ask me.

    4. Re:Travesty of Justice! by Anonymous Coward · · Score: 0

      sounds just like something these people do regularly.

  79. MODS: this is not a joke by penguinoid · · Score: 1

    Wonder how good he is... Now that he's beginning his new career as a black hat...

    This guy just lost his job, and will have more trouble getting another job in the security industry (depending on what they charge him with). Also, he will be very pissed off at the government and the law. Hence, the logical solution is to solve both problems by becoming a black hat -- or where else did you think he would apply his skills as a security expert if no one will hire him? (Not that I think he is a bad guy, donating to Tsunami relief and all)

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    1. Re:MODS: this is not a joke by whitehatlurker · · Score: 1
      where else did you think he would apply his skills?

      MIT perhaps?

      --
      .. paranoid crackpot leftover from the days of Amiga.
  80. Re:Unintended consequence of regulation and contro by Anonymous Coward · · Score: 0

    I didnt go to your assumedly gun nut link, but i really dont understand what your syaing here.

    Repeat after me: I DO NOT LIVE IN THE OLD WEST. I WENT TO SCHOOL FOR 12 OR MORE YEARS. I SHOULD KNOW HOW TO SPELL.

  81. Intent- did he know it was wrong by nuggz · · Score: 1

    Attempting to access a computer without permission may or may not be a criminal offsence.

    We don't know what he really did, or what his real intent was.

    Cast in the light of a security expert checking to ensure the donation site is legitimate you might give them the benefit of the doubt and let them off.

    Considering he lied and changed his story you might be more inclined to think he is lying about the origional intent behind the actions.

  82. Apparently this is what he did by MemeRot · · Score: 3, Informative

    Say the url was site.com/thanks.html. He changed it to site.com/../thanks.html.

    Apparently some dynamic sites just grab whatever's after .com/ and use it as parameters with no sanity check. He tried it, they had a sanity check, they logged it as an attack. Stoopid. I don't see how it's an attack. Wikipedia says you could potentially change it to ../../../../etc/passwd and try guess the number of levels you are away.

  83. Re:Unintended consequence of regulation and contro by Davis+Bacon · · Score: 1
    Repeat after me I DO NOT LIVE IN THE OLD WEST. I CANNOT SHOOT COPS BEFORE THEY SHOOT ME

    Thanks, buster! I repeated that and I am feeling very silly because of the numerous uncomfortable stares I am receiving right now. I hate this library anyway.

    -Jam

  84. they have a RIGHT to by idlake · · Score: 1

    Remember, without BT, there would be no WWW; after all, you do know that BT invented the hyperlink.

  85. stupid by Bezben · · Score: 1

    I'm not a network security person, but the few courses I did on the subject at uni drilled this into my head: don't test a computers security without permission (preferably written) even if you work for the company that owns them. Surely any network security engineer would know not to do this? And wouldn't a person in the security field know enough to check out a site *before* giving them card details? And then going to a more trustworthy site, say oh I don't know redcross.org? To be honest, I think cyber-related crimes need a higher level of punishment for them because they are so hard to trace, and so prevalent. I do think though he would have gotten away with a slapped wrist or fine, but he did lie, which should definitely be factored in, how could they trust what he said about his motives after that? It'd be like getting caught trying to pick the lock on someones house because they were out and had left their lights on. Just out of curiousity, what could doing a directory traversal (/../) possibly prove about the validity of a site? Oh, and do credit cards provide fraud protection for this kind of thing?

  86. It isn't? by QMO · · Score: 1

    I had thought that lying to the police was against the law. perjury isn't the only way to lie illegally.

    --
    Exam 4/C again. Maybe I'll do better this time.
  87. Digg by NoOneInParticular · · Score: 1

    Great! Digg! That's where the cool kids hang out. That will leave slashdots for the ... erm ... nerds?

  88. Jury by Slashdot! by freeweed · · Score: 0, Offtopic

    You can have your say about Cuthbert's conviction by voting in this poll.

    Man, if only Slashdot polls carried this much weight...

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
  89. What else would you expect by Anonymous Coward · · Score: 0

    From a dumbass mac user?

  90. DEC - I'd have panicked too. by rapiddescent · · Score: 5, Insightful
    Whilst I think Cuthbert was daft for lying and that was his mistake, I would have also panicked...

    have a look at http://www.dec.org.uk. They are currently supporting as campaign to help the worthy cause of the situation in the Niger. Click on the donate button and you will be taken to a shocking rendition of a 1997-esque payment page that looks awful. So I imagine our man Cuthbert looked again at the dec.org.uk site and it looks bonafide enough and also the whois entry stacks up.

    I remember at the time that the BBC News carried a story at, or about the time of the Hogmany (31st Dec 2004) regarding fake websites. I could only find this story on BBC website 6 days after the alledged incident.

    so our man cuthbert panics. As you can see the basic link and page to securetrading.net (not even a .co.uk). Remember that 31-DEC-2004 is a friday before a long holiday weekend. So there will no-one to phone. He looks at the certificate for the server-side SSL - "Secure trading Ltd" a UK company. But the whois entry is privately registered and does not have any standard company details on it - it is also registered abroad (which isn't a big worry, but remember this is a UK gov't sponsored website)

    My next port of call is Companies House - where all UK Ltd companies have to be, by law, registered. So using their webcheck facility - it is company number 04591066 with an address in south east london. Not a government organisation, but seems wholly owned by another unknown company UC Media? securetrading.co.uk? no, they're someone else. back to companies house - searching for UC Media, can't find them, but there is an entry for UC Group Ltd at the same address. bingo. hang on. there are two insolvency notices on this company...

    I'm sorry but I would have also panicked.

  91. This is like... thought police by zappepcs · · Score: 5, Insightful

    It seems to me that its like a teen rattling a gate at the ball park to see if it is locked. While you might do so out of curiosity, or in an attempt to gain unauthorized access, it is still just checking to see if it is locked. If you have a valid ticket in your pocket, accessing through that gate would still be wrong, but checking that it is locked is not.

    It does not matter if you have safe cracking tools in the garage at home, if you are simply standing outside the jewelry shop, and check to see if the door is locked or anyone is inside, this doesn't mean that you are attempting to steal diamonds. Sure, he may have had tools on his machine, but that is no different than saying a cop has a gun, and looked like he was trying to break into the store when the door was locked. Things are not always as they appear, and convicting on the basis of intention, especially when it is not overly easy to see the intention, is just wrong.

    We have no need of, or room for, thought police in civilized society.

    Of course, I may have missed a salient point here, but it just seems wrong to convict without evidence of harm.

    In the case of where this seems to happen, like dangerous driving (intoxicated or not) it has been shown that this behavior does lead to accidents, and removing the driver from public roads is a safety measure that does not harm anyone. This is the reason for various lane markings, speed limits, etc.

    In this case, there was no speed limits or lane markings, only a locked gate type of guidance. Convicting this man of attempting to steal when there is no blatant evidence is just wrong, and sets a bad precedent in my opinion. Banks don't keep their cash funds out on the sidewalk for a reason. If they did, and it went missing, what exactly would the courts say?

    Additionally, it doesn't seem to ring true that a 'security expert' would leave such a trail as to be caught if he was truly trying to break into the system?

    1. Re:This is like... thought police by ScentCone · · Score: 1

      Things are not always as they appear

      True... (meaning, sometimes, crackers can appear innocent if they are quick enough to offer another explanation for what they're doing)

      We have no need of, or room for, thought police in civilized society

      True... (in the sense that things like "hate" crimes carry stiffer penalties not for what someone does, but for what they were supposed to be thinking as they did it... i.e., if you beat me up because you think I'm an ass and hate me, you get a certain penalty, but if you beat me up because you hate the fact that I believe in the Flying Spaghetti Monster instead of Allah, etc., you, incredibly, get a different penalty)

      it just seems wrong to convict without evidence of harm

      But we see all sorts of convictions, all the time, for failed attempts at crimes. Or where the criminal is caught in the act, before completing the crime. Conspiracy to commit murder is certainly a crime, though there is no "evidence of harm." Conspiracy to commit fraud - same thing. Attempted (but failed) robbery or burglary - same thing. Failure to crack into a computer system doesn't mean you're innocent of having tried. That means that "harm" or "damage" can't be the standard - it has to be attempt and intent. And intent can often be determined by other evidence, very often including things like lying to the police (as this guy did). In your example of rattling the door of the jewlery store... would that seem different to anyone if they heard the police asking you why you were rattling the door, and you instead of saying, "I was wondering if they're open," you said something obviously false? That changes how the police will (and should) evaluate everything else that you say. Then when they find out you've got safe cracking tools back at the house, don't you think they'd draw a completely different set of conclusions?

      Banks don't keep their cash funds out on the sidewalk for a reason. If they did, and it went missing, what exactly would the courts say?

      Other than that being a poor example, what about when someone steals the umbrella from a sidewalk table in front of a restaurant? It's not chained down, there's no sign saying "don't take this" ... how is that different? Theft is theft, cracking is cracking, and lying to the cops about what you've been up to and why makes it a lot harder to help them see your side of the story.

      Additionally, it doesn't seem to ring true that a 'security expert' would leave such a trail as to be caught if he was truly trying to break into the system?

      But I meet all sorts of experts that get personally sloppy about stuff like that. I know accountants that have fallen victim to phishing schemes (IT pros, too), and there's a reason that old expression "the cobbler's son has no shoes" usually applies. This sounds more like questionable poking and prodding, made worse by lying to the cops, and then having the law work as expected (which, again, an expert would know and understand).

      By the way - I've got merchant clients running e-commerce sites that frequently see modest-sized normal-looking transactions in advance of hack attempts from the same IP addresses and networks. I notice they didn't mention this in the story, but it's not a uncommon way to get the site to "trust" you, and something the cops would probably be taking into account.

      --
      Don't disappoint your bird dog. Go to the range.
  92. Re:Unintended consequence of regulation and contro by nightfire-unique · · Score: 1
    Which of Cuthbert's rights were violated when he broke the law and was convicted of doing so, again? I missed that part.

    Excuse the Star Trek quotation. :) But it's a good one.

    "There can be no justice so long as laws are absolute."

    The investigators and prosecutors should lose their jobs for wasting taxpayer money, prosecuting a professional for something clearly non-malicious. You don't charge someone for break and enter if they walk up your driveway to read your house number.

    --
    A government is a body of people notably ungoverned - AC
  93. Re:Wow. That's a pretty vague law... by Anonymous Coward · · Score: 0

    How is that fair?
    Following the GP's example of the automatic door -- if I tell you not to open the door (which is done with my computer), I have effectively forced you to stay in the room unless you feel like breaking the law.

  94. Directory traversal by lorcha · · Score: 1
    Could you please explain to me how adding ../ to the end of a URL will help me to verify the authenticity of a website? I'm really curious to know about this.

    By the way, the site was donate.bt.com. I would have gotten much better information had he just picked up a phone and called BT and asked them if it was legit.

    --
    "Avoid employing unlucky people - throw half of the pile of CVs in the bin without reading them." -- David Brent
  95. Re:There is a need for regulation by geekoid · · Score: 1

    a, it's not a private home, don't sue that analogy, it only associates a portential life threatening issue with a non life threating issue.

    b, while it would be wrong of my to enter a store that was locked, it would be wrong of me to rattle the door to see if its looked. It also wouldn't be wrong of me to enter a store that wasn't locked even if they were closed.

    why should computers that are on a system designed to allow people to access them be any different?

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  96. Gaaaa by geekoid · · Score: 1

    a computer on a system designed to let people access it is NOT the same as your HOUSE!

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Gaaaa by DrSkwid · · Score: 1

      Ok then, try Public House.

      And you are breaking into the private areas. Name your legitimacy.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  97. What was the "lie" exactly? by kurtu5 · · Score: 2, Funny

    It is a shame that no one has posted what the acutal lie was. Or was it a changing story?

    1st interview:

    cops - what did you do?

    guy - I looked around the site to see if it was legit

    2nd interview:

    cops - what did you do?

    guy - Well I fired up my Ultra 60 running Solaris, not that it had ZFS, but I started her up anyway. I was going to use mozilla/mozilla, but I forgot that I had acidentally removed an X lib earlier that year when I was testing a buffer exploit. So I dug up an old copy of lynx that I had cobbled together with color-xterm support. I remembered that I had not compiled it with SSL, so I had to rebuild it with with and openSSL library. I then typed "../" on the end of the URL.

    Judge - you changed your story! Liar liar pants on fire.

    Boss - your fired!

  98. I hope the article gets modded "Funny" by flibuste · · Score: 2, Insightful

    Seriously...again...is that me reading between the lines or ...

    On Thursday, Daniel Cuthbert [...] was found guilty of breaching Section One of the Act [...]. He admitted attempted to access the Web site, which was collecting donations for victims of last year's tsunami.

    So I understand that he "admitted accessing the web site"...Oh my...I just clicked on my "Slashdot" bookmark and accessed the web site. Is this not allowed any more?

    The article also states:

    Under Section 1 of the Computer Misuse Act, 1990, any unauthorised access to a computer site can be considered a crime, if the person accessing the system knows that he is not authorised to access the site. As the Act says, "a person is guilty of an offence if: he causes a computer to perform any function with intent to secure access to any program or data held in any computer and the access he intends to secure is unauthorised and he knows at the time when he causes the computer to perform the function that that is the case."

    So basically, I have been testing my web application all morning. As it turns out, I was testing the ACEJI security configuration and got a lot of "access denied", which I was expecting since I wrote the system.
    This scenario falls under the Act description. I should be jailed!

    OK...I think that's not me...I think this world is getting dangerously ignorant and stupid.

    1. Re:I hope the article gets modded "Funny" by flibuste · · Score: 1

      And now folks, click on the Talk back link of that ZDNet article. You get the source of the HTML instead of the rendered page.

      I suppose we are all packing stuff to sleep in custody for "accessing the web site" and found the source code exposed without doing "View Source"?
  99. It's About Knowing Where Your Money's Going by Anonymous Coward · · Score: 0

    Not really knowing is what got him into trouble, and what leads countless others (/. readers among them - among us?) into generously throwing our hard earned cash down ratholes. He didn't need to to try to hack into their site to find out if it was legitimate, and how much of his money would actually help those in need.

    There are independent organizations, governmental and NGO, that list and track legitimate charities and provide info on how much of what they collect actually goes to those they claim to help. If you can't find out about a charity from separate, independent sources, move on; there are lots of other charities that are effective. Don't let boring old names like "Red Cross," or "World Vision" keep you from finding out how much, or how little they deliver to those in need (World Vision delivers a surprisingly large percentage). Daniel Cuthbert's thoughtless act of charity led him into even stupider, and illegal acts. Be deliberate, and sober (serious, not just "not drunk," and I have no idea whatsoever what state he was in) in your giving, and perhaps even budget for it! You'll feel better if you do (hard to feel worse than Daniel Cuthbert about a generous act, right now).

  100. Are we next? by Anonymous Coward · · Score: 0

    Lemme get this straight -

    slash - dot ------ mostly legal
    dot - dot - slash ----- now illegal (if you are confused RTFA)

    Are we next?

  101. Re:Unintended consequence of regulation and contro by aslate · · Score: 1
    Ah, the American anti-gun rant. Panorama did an investigation into this, it was a very interesting one too. In 1997 they changed the ways that crimes are recorded. Whereas before say a group of 5 people being attacked by a gang was one "violent act", it is now counted as 5 acts, one for every person attacked. That can make statistics leap. The Bristish Crime Survey (A highly respected source for crime statistics) has not seen a rise in violent crime, and it has fallen at the same rate as previously.

    And of course, there can't be other reasons for rising crime can there? Oh no! That's why you read in papers about increased immigration, gypsies, the European Court of Human Rights... trying to link crime to them. Granted, most of those are just tabloid rants, but there are other factors.

    More laws = more crimes = more criminals = more prisoners = more money for the State.
    Where you got this bollocks on the other hand i have no idea! The prison population in the UK is about 77,000, but it's been rising since 1993, when there was a different government in charge! Infact it levelled off after 1997 for a short period. The average cost of keeping a prisoner was £38,753 (2002). By locking people up and providing full room and board, with none of them earning and able to contribute, is obviously another one of these:
    1. More laws
    2. More crimes
    3. More criminals
    4. More prisoners
    5. £39k per prisoner
    6. ???
    7. More money for the State.


    Please don't drag up random crime statistics and figures without realising what they mean. The US has 726 prisoners per 100,000 people, the UK has 145. The US has 0.04 murders per 1000, the UK has 0.01 per 1000
  102. this is BS by solipsist0x01 · · Score: 1

    He didn't even get into TFS!!!!

    Now, let me get this straight, the guy donated money to a site, typed in a URL, and then got arrested! WTF!

    Hundreds of people try, unsuccessfully, to log in to my SSH server with random usernames and passwords! I don't call the feds on all of them!

    There's a huge difference between looking in someones window and smashing it with a rock!

  103. Re:Unintended consequence of regulation and contro by dada21 · · Score: 1

    Anything that takes away someone's life or property or harms their body (against their will) is violent.

    House burning and car stealing are both violent activities.

  104. Did he really lie to police? by Anonymous Coward · · Score: 0

    or were they just too stupid to understand him?

    If you tell the average person something technical that they dislike hearing, they usually will misrepresent the statement internally to something impossible, and accuse you of lying to them.

    Sadly enough, the average police officer is no more intelligent than the average helpdesk caller; he's just better armed, more beligerant, and convinced that everyone talking to him is lying. This is largely because cops talk to liars, con artists, and criminals all day; he's just not used to dealing with honest citizens, and doesn't trust anything out of the ordinary. All too often, strange == dangerous for cops.

    Did this guy really lie to the cops? Or did he tell the truth, and have them just confuse the facts that they found impossible to understand? The article doesn't say, but it's a distinct possiblity these days.

  105. Re:Unintended consequence of regulation and contro by dada21 · · Score: 1

    FUD.

    Murder rates are higher in the US but violent crimes are much higher in the UK.

    http://panda.com/advocacy.html

    Gun crimes in the UK have more than doubled since the current Labour government took control.

    and

    people in London are now 6 times more likely to be mugged than people in New York City

    The prisoner percentage is FUD, too. The supermajority of US prisoners are non-violent drug users. The UK is far less likely to prosecute petty drug crimes (see US Rockefeller laws and on).

  106. Re:Unintended consequence of regulation and contro by DavidTC · · Score: 1

    To quote Chumbawamba: 'It is a great thing we have an unarmed police force in this country. It is perhaps an even greater thing that a force that is unarmed is able to shoot so many people'.

    --
    If corporations are people, aren't stockholders guilty of slavery?
  107. Liar Liar PANTS ON FIRE!!! by Vegeta99 · · Score: 2, Interesting

    So he lied. What's wrong with that?

    "WHERE DO I START?!" you're probably thinking.

    Well, now let's turn the tables. I'll give you an example of the tides turning -

    Last year, on my 18th birthday, I partied a little bit too hard. After hours of drinking, we went for a drive (YES, we DID have a sober driver.). Unfortunately, we ended up in a situation that the cops were called, and my 4 buddies and I had to spend the rest of my 18th birthday shackled to the walls in a PA State Police barracks. Now, at this point, I was too drunk to write, so they just made me sit there and did their rounds. After a few hours I see one... two... and then three... go up for their mugshot and then leavc... and then they finally let me go.

    So, I go outside to meet my friends and try to find them a way home, and I promptly get punched square in the face. "What the FUCK was that for?", I thought. Well, it turns out the state police, despite my inability to drive, write, or even talk without sounding like a raging alcoholic, had told my friends I had written a confession that said A - we had broken the windows (what got us there in the first place) and that B - everyone had been drinking. It would be in <i>their</i> best interest to do the same. So they did.

    I could go into another example of the same thing happening to someone else, but I'm sure everyone's heard enough of them.

    When my long-forgotten ancestors accepted this nation's founders' idea for government, they placed their trust in it for not only themselves, but everyone down the line, too. I've even heard cops say that "pig" stands for "Pride, Integrity, Guts". What's that middle word there?

    If you would like your citizens to behave and be honest people of high moral standards, then you MUST do the same. With deceit comes dissention, and with dissention, revolution is born. Those that lead must do so by example, and soon enough, those that should be removed from society will become very evident.

    To put it short, How can you trust a liar? You can't, no matter how truthful they are.

  108. Criminal intent, real harm by raider_red · · Score: 1

    It worries me that a ruling like this would come down when there was no proof of criminal intent, and no real harm was done. The judge even acknowledged this in his comments from the bench, but said that the way the law was written necessitated this verdict. First, the law is very loose in its definitions of "unauthorised access".

    It seems that there were three levels where hysteria over computer crimes worked against the defendant. First, British Telecom had very sensitive intrusion alarms which can give false positives. Second, the police seemed overzealous in prosecuting what was just a small matter. Third, I'm not sure the judge had the knowledge to understand the technology or the actions that precipitated the legal actions. Add a vague and very loose definition in the computer crimes laws, and you have a recipe where someone can be wrongly convicted.

    --
    It's good to use your head, but not as a battering ram.
  109. bt.com link doesn't work by Anonymous Coward · · Score: 0

    I keep getting a 404 page.
    Do you think some uberhacker might have gotten there first?

  110. Re:Unintended consequence of regulation and contro by aslate · · Score: 1

    Hence my point of "Don't pull figures out realising what they mean". My main point was that crime statistics skyrocketing (Especially "violent crime") is likely due to the change in recording of crimes. As i said, if an attack on a group of people is now recorded as one per person and not one for the group, then of course it's skyrocketing.

    Murder rates are higher in the US but violent crimes are much higher in the UK.
    Bollocks again, as i showed earlier US murder rates were 4x (.04 to .01) as much as UK ones, the site you quote says violent crime is just over 2x as high.

    I'd like to see the sources for the "facts" on that page (You couldn't get a more biased site could you?). I've never seen those statistics anywhere else (Under the "Since the UK outlawed handguns" section). And the fact that British police are now routinely armed? If that's meant to mean with guns (Doesn't specify), then i think you'll find they're not. Anti-terrorist police (See No. 10) are, the standard copper doesn't carry a gun.

    Anyway, we're off the topic by far now.

  111. Good by bxbaser · · Score: 1

    On slashdot why defend the hacker. Yes i call him a hacker because i dont know what his intentions where, only he does.
    Maybe he was a budding hacker trying out his leet skills and maybe it was an innocent mistake on his part we will never know.
    We do know that hopefully his troubles now will deter others from testing my server for traversal attack or port scans or whatever.
    Next time your logs show an attack attemp will you just ignore it thinking its just someone testing for security.

  112. BT's internal network is almost a public-danger by Anonymous Coward · · Score: 0

    I once worked for BT, only a few years ago.

        Their network is (was?) so dangerously put together that it took their network admins (read: trained Cisco Engineers in the business from 5 - 10 years) around a day to work out whether adding a single new network-route was going to screw any part of the network, if not the entire thing.

        Worse, there never seemed time (or inclination, or management-backing) to ask/pay someone to properly document it.

        And if you say "OSPF": Yes, there should be OSPF or some other decent auto-routing protocol on a network as large BT's, but apparently when they tried it, the people involved didn't really understand what they were doing, caused their entire net to flutter everytime one router went down or a bit off -- which can cause hours of instability -- so were subsequently too scared to ever try it again.

        Personally, I wouldn't touch BT's network with a flying brick.

  113. The sad state of affairs in the UK by Anonymous Coward · · Score: 0
    I wish the British were armed. Our right to keep and bear arms in the US came from English law. Alas, the same right has disapeared in the UK.

    I have observed that rulers behave as badly as they can get away with. If we are armed, then there is always a little bit of fear in the heart of our rulers. They always know that if they go too far they could end up making someone too angry and could end up dead.

    Fear is the basis of respect. Where there is no fear, where rulers know that there be no consquences no matter what they do, we end up with the worst possible rulers.

    I've heard it said that the reason why England had a middle class earlier than the rest of Europe, and why feudalism was never as strong of an institution in England as in other European countries, was that all the peasants of England knew how to use longbows, and a longbow can kill a knight in armor from 100 yards. As long as peasants with longbows were around every aristocrat in England knew, deep down inside, that if he pushed things too far, he might get perforated.

    I don't know how this connects with the current case, I just know that where there is no fear, there is no respect. Unless there's a big fat "another side to this story that we're not hearing", this is just a case of someone getting squished because, well, nothing bad will happen to those doing the squishing.

  114. 410 Gone is underused by SpammersAreScum · · Score: 1
    Sorry, but I can be pedantic when it comes to using the full vocabulary defined in a spec. For example, I think 410 Gone is on the web way too rarely.
    Absolutely. And not just because the distinction was made in the spec so that software and users could know not to bother trying again later. I've argued (elsewhere) for years that when an ISP pulls the plug on a website because the owner violated the TOS (usually by spamming), they should ensure the site comes up 410 (we nuked it) rather than the usual 404 (may be back tomorrow).
  115. Legitimate URL Syntax by Adelle · · Score: 1

    Adding /../ to a URL is not an attack. It is legitimate URL syntax.

    http://example.com/ => default page of example.com
    http://example.com/SomeFolder/../ => display folder contents of example.com so that user can peruse list of available pages.

    The dangerous precedent that this case sets, is that typing a URL into the address bar is an attempt to gain unlawful access, rather than (as I think it *should* be interpreted) a polite request as to whether a particular page is available to the public.

    Since I have automatic redirects disabled on my browser, in order to use some sites (including bt's), I need to type in the full path to the home page, and my usual method involves trial and error.

    So far I have tried
    http://www.bt.co.uk/
    http://www.bt.co.uk/index.html
    http://www.bt.co.uk/index.htm

    Woah. I just made 3 unsuccessful attempts to "access" bt's site. They'll be coming to get me now.

    Well, if they do, I think I have a perfectly legit counterclaim - they tried to hijack my computer by redirecting my browser to a URL that I did not type in directly.

    Adelle.

  116. The judge doesn't need the knowledge by dbIII · · Score: 1
    I'm not sure the judge had the knowledge to understand the technology or the actions
    Judges don't understand freshly invented forensic techniques either, but the job of the defence or prosecution is to get people to explain technical matters clearly.
  117. He lied to police: he FELT guilty by macraig · · Score: 1

    Isn't that enough to destroy any credibility he might have otherwise had? If the dumb jackass had simply been honest - assuming he truly was well-intentioned and meaning only to protect himself - he would likely have never even found himself charged or in court.

    This is an example of a smart guy who first made a dumb choice further compounded by a REALLY bad one.

    If you wanna be trusted, it helps to bloody tell the truth!

  118. Semantics by Anonymous Coward · · Score: 0

    I think by "a directory traversal attack," you mean "a directory traversal examination."

  119. Re:Unintended consequence of regulation and contro by dada21 · · Score: 1

    :)

    I was fighting FUD with FUD. I don't trust statistics.

    I definitely feel less safe in Chicago and London (where I can't carry my defense) than in other large towns where I can.

    My lady and I went through a carjack attempt 2 years ago in Chicago after pumping gas. When I yelled to her to get my gun, the 2 thugs took off. She later replied that my defense was at home.

    No one threatens my body or my person without answering me. I plead the 2nd.

    Yes, the two thugs did run off, and yes I'd have shot them both illegally without warning.

    I also scared off a robber at one of my retail stores with my defense. He was more scared by my calm demeanor than by a tiny .22. If it was loaded, I'd have shot him, too.

    I believe in my basic human rights:

    1. I can say anything, on my property. You can not.
    2. I will defend my property wit lethal force at the first sign of a threat.
    3. I will never allow a soldier to use my house for shelter.
    4. No agent of the State can enter my car or home without a warrant. Even at a traffic stop.
    5. I have nothing to say to the police, ever. My property will not be taken from me without proper compensation.
    6. If I am arrested, I expect a speedy trial...
    7. ...by Jury.
    8. If arrested I will pay a reasonable bail and nevere tortured.

    Simple enough. If any of these rights are denied, see #2.

  120. Re:Unintended consequence of regulation and contro by FurryFeet · · Score: 1

    Stupid analogy, but I'll bite.

    It's more like a Red Cross person asks you for money, but doesn't say thank you, so you try to turn over their badge to see if it's valid. Later on, you are arrested on charges of assault and battery, even tough all you touched was the badge.

    Then under questioning, you can't recall what hand you used, so you guess your right. Video footage shows you used your left. And them the judge says that even tough you obviously didn't commit assault and battery, he's going to convict you of those crimes, because you lied to the police.

  121. want to tell the judge what you think of this? by alizard · · Score: 1

    Send your comment to the Magistrate Court at Horseferry and ask that it be forwarded to Judge Q. Purdy. (probably in the form of printed paper, since I doubt this guy is trusted with by Her Majesty's government with a computer)

  122. Re:Unintended consequence of regulation and contro by Anonymous Coward · · Score: 0

    It wouldn't have sounded even remotely that way if you would have had any experience surfing around websites in lynx....

  123. Re:Unintended consequence of regulation and contro by mattrumpus · · Score: 1


    You've made a grave error of understanding, there are no citizens of the UK. We are subjects of Her Majesty, Queen Elizabeth the Second.

    --
    Who's with me?! I SAID... WHO'S WITH ME!!??