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Sony Rootkit may Lead to Regulation

An anonymous reader writes "Computerworld has a story about DHS officials meeting with Sony to read them the riot act, following the rootkit fiasco. From the story: 'A U.S. Department of Homeland Security (DHS) official warned today that if software distributors continue to sell products with dangerous rootkit software, as Sony BMG Music Entertainment recently did, legislation or regulation could follow.'"

40 of 266 comments (clear)

  1. You haven't figured it out yet? by Anonymous Coward · · Score: 2, Insightful

    The world runs on money.

    1. Re:You haven't figured it out yet? by smash · · Score: 2, Insightful
      You clearly don't know what a "rhetorical question" is, or didn't read my post.

      :)

      smash.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    2. Re:You haven't figured it out yet? by Sique · · Score: 4, Insightful

      No. The principle of capitalism ist: Privatize profits, communalize costs. Sony BMG was just trying to profit privately from non copyable media while externalizing the costs to thousands of PC owners.

      --
      .sig: Sique *sigh*
    3. Re:You haven't figured it out yet? by Anonymous Coward · · Score: 0, Insightful
      Four words (privatize profits, communalize costs) and you nailed it. It's not exactly a breakthrough revelation, but it's nice to see it laid out so concisely for those with short attention spans who might not already understand that.

      Please mod parent up for being extremely insightful.

    4. Re:You haven't figured it out yet? by Anonymous Coward · · Score: 5, Insightful

      No, that just makes it good business, according to the reprehensible predatory practices that are currently deemed as acceptable business behavior. Corporate execs and shareholders alike love nothing better than to externalize expenses, and they really don't give a damn who has to bear that burden, as long as it's not them.

    5. Re:You haven't figured it out yet? by Anonymous Coward · · Score: 2, Insightful

      No, the principle of capitalism is simply voluntary trade for mutual benefit. Any proper instance of capitalism necessarily benefits both (all) parties involved, and the result is that more wealth exists after the transaction than before. That is, in fact, how all the wealth you see in the world today was created.

      What you described as capitalism is what we see today in the US, which is better described as "bastardized capitalism". Under bastardized capitalism, there is room for coercion (theft, fraud, government), because not all transactions need benefit all parties involved. Under real capitalism (which doesn't exist today on the national scale), all forms of coercion are unacceptable because they work against, not towards, the goal of mutual benefit.

    6. Re:You haven't figured it out yet? by yurnotsoeviltwin · · Score: 2, Insightful

      Keep in mind that "true" capitalism as you described it is not reached through Gov't interference with the market, but rather through market forces bringing things to equilibrium. It relies on people knowing what is best for themselves and thus not participating in any transactions that do not create wealth for them. Another point - "wealth" here is a relative term. What is wealth for me could be junk to you. Lets assume for the sake of example that you're a classical music fan, and I'm a hard rocker. If we both buy a Blindside CD, then chances are I created wealth for myself AND for the RIAA's lawyers while you only created wealth for the corporation and not for yourself, since the CD isn't really worth much to you. So really, some people could have bought a DRM'd CD and created wealth for themselves, lets say if they don't bother listening to music on their computer. For me, however, a DRM'd CD is worth less because there's a greater potential that I can't do what I want with it (listen on my computer, put it on my iPod, etc.)

    7. Re:You haven't figured it out yet? by bigpat · · Score: 2, Insightful

      Which is why an external regulatory agent is needed (even though that idea is apparently blasphemous to the US mindset).

      Regulation? We already have laws against hacking people's computers and causing damage. Sony needs to be prosecuted, not regulated. Sony commited a felony and DHS wants to turn this into a beaurocratic exercise. This is in the FBI's and Attorney General's realm, not DHS.

      DHS should stick to what it is good at, screwing up responses to national disasters, oh wait.

  2. Threatening Legislation by James+McGuigan · · Score: 4, Insightful

    So they have not been punished for their crime,

    They are not even being told they will get punished if they do it again,

    It seems to say, if you do it again, only then will make it illegal so you can't do it a third time.

    (Gee, I'll have to try that one next time I get busted by the cops - its only my first offence, officer, you shouldn't lock me up until I've done it at least 3 times)

    1. Re:Threatening Legislation by smash · · Score: 4, Insightful
      Or, as another poster pointed out, perhaps the "legislation" will LEGALISE their behavior so that the "problem" doesn't occur again, as they're acting within the law.

      smash.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  3. Regulation? by RedHatLinux · · Score: 4, Insightful

    Ohh, you mean legalization and decriminalization of these behaviors, so that this does not become an issue again. Anything less than a total ban, backed up by some serious time in a federal pound you in the ass facility, means that someone has been bought out.

    1. Re:regulation? by Jafafa+Hots · · Score: 2, Insightful

      You can't put a corporation in jail. Unfortunately.

      --
      This space available.
  4. Re:WTF? by smash · · Score: 4, Insightful
    I don't need opensecrets.org to tell me that. :)

    I was merely trying to point out how "fucked up" the system is - we live in a world that allowed the two events described above to have the outcomes they did...

    smash.

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  5. Re:WTF? by luvirini · · Score: 4, Insightful

    But the 15 year old is a terrorist for attacking national infrastructure. The company is just trying to protect it's godgiven right for profits.

  6. threatening? by LParks · · Score: 3, Insightful

    Why merely threaten legislation if it continues to happen? Laws against "products with dangerous rootkit software" wouldn't seem to harm anyone. Enact the legislation now.

  7. not malicious? by a.d.trick · · Score: 4, Insightful

    From TFA:

    While Sony's software was distributed without malicious intent

    I guess that depends on what you mean by malicious. As far as I'm concerned, anyone who distributes trojans is either malicious, or mentally insane — on the same level as the man who thinks he's a poached egg.

    1. Re:not malicious? by luvirini · · Score: 3, Insightful

      The real thing was likely more crimial negligence than an attempt to break things. They should thus pay for all the associated costs as anyone breaks something owned by someone else and so on...

    2. Re:not malicious? by ray-auch · · Score: 2, Insightful


      The side-effect of making computers unstable and hackable was not the intent of sony


      Yes, but there was also:

            Making it difficult / impossible to uninstall
            Using rootkit tech _at all_ (to hide the driver files, to stop you uninstalling)
            Making it install even when the user clicks no / cancel

      All those were clearly deliberate intent - and dubious legality in some places (particularly installing, irreversibly, when the user explicitly denies permission).

  8. eh? by szo · · Score: 3, Insightful

    You mean this was legal?

    --
    Red Leader Standing By!
  9. Since when did the Executive branch make laws? by Rogerborg · · Score: 3, Insightful

    Last time I checked, the DHS doesn't work for the Legislature. Their job begins and ends with enforcing the existing laws.

    --
    If you were blocking sigs, you wouldn't have to read this.
  10. wrong act.... by luvirini · · Score: 2, Insightful
    read them the riot act

    Should it not read RICO act?

  11. Could someone explain? by Opportunist · · Score: 5, Insightful

    A 17 year old writing a stupid trojan that does little but spread receives a 2 year sentence in jail and is only safe from compensation since companies didn't want to have the public know their systems are insecure.

    Read: Juvenile dick-waving without commercial interest -> 2 years prison.

    A large corporation spreading a rootkit with their product to their paying customer with the intent to cripple their customer's software performance (not being able to use it as intended, by manufacturer or user) that also has the capability of spying on their behaviour (allegedly they didn't use that function, but ... yeahsure) receives... a recommendation not to do anything like this again or else we might have to think about creating laws banning this behaviour (hey, those laws exist, enact them!).

    Read: Commercial malvolent infiltration of customer's computers -> Nada.

    The world sure is changing. When I was still in school, adding "commercial" to a crime sure upped your sentence by some magnitude. Nowadays it seems to be your "get out of jail" card if you commit a crime with financial interest.

    Al Capone simply died too early. He'd love these times.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Could someone explain? by Opportunist · · Score: 2, Insightful

      Well, first, yes, a "teenage hacker" might include some harmful code. That's where the fun part ends. But he didn't. There was no direct damage involved (besides some spam for the spreading routine, which is dwarfed by the amount of spam from c15al1s and v1agra).

      Still, 2 years and some other rules that simply crippled his future, like banning him from the 'net for a while.

      Imagine a ban on Sony to produce music for 2 years, what good this could do!

      But I ramble. The core point is that there is NO way that you can create a rootkit in such a way that it is NOT exploitable by other parties. Especially not if you insist on keeping a "foot in the door", to use this figure, to maintain a stranglehold on the customer for future upgrades of your rootkit and for future use of other products.

      Rootkits are inherently an invitation to other malware to abuse their abilities to spawn more harm. Imagine said pimple-faced hacker did something like that. I bet my rear that he'd be made liable for the damage his product COULD have done if someone else decided to use it for the purpose of doing more harm.

      Besides, if you want to see some real damage done, look at the StarForce copy protection mechanism. That contains some freaky little code that makes you wonder.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  12. regulation? by eobanb · · Score: 2, Insightful

    Uh, how about prosecution.

    --

    Take off every sig. For great justice.

  13. Megacorp meets with secret police by The+Mgt · · Score: 5, Insightful

    I'm sure good things will come of this. :/

  14. Re:WTF? by Anonymous Coward · · Score: 1, Insightful

    Americans call this politics, the rest of the world call it corruption.

  15. Re:WTF? by jozi · · Score: 5, Insightful


    Corporation: An organization created in order to generate individual profit without individual responsibility.

    That is why no on is in jail, it goes against the very idea of corporations. :o)

    --
    "If you can't live without me, why aren't you already dead?"
  16. Surely this isn't needed? by joevai · · Score: 1, Insightful

    Given the raft of class action lawsuits launched against Sony, and the subsequent restrictions on TPM (technological protection measures) software they can use, would any company dare risk including root-kit like TPM's? At the end of the day the risk-benefit analysis will rule it out without the need for legal intervention surely?

  17. Re:No malicious intent? by mwvdlee · · Score: 2, Insightful

    Was the DRM aspect intentional? Yes.
    Was the security problem intentional? No.
    What is being discussed in TFA? The security problem.

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  18. Morals? Ethics? by micpp · · Score: 3, Insightful

    I've often wondered why things like this rootkit exist in the first place. Does Sony only employ those who are morally bankrupt? Surely someone at some point in Sony would have said "Hey, this is kinda evil".

  19. Sony DID do Something Illegal by sweetnjguy29 · · Score: 2, Insightful

    Check out 18 USC 1030 - Fraud in connection with computers

    Subsection (3) states that anyone who "intentionally, without authorization to access any nonpublic computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States" and causes damage is in deep poop.

    Imagine a Department of Defense employee on a secure computer popping in a Sony Rootkit CD - woops!

  20. What Idiots! by Anonymous Coward · · Score: 1, Insightful

    There is no need to qualify 'dangerous' software. Anything that does things behind your back is dangerous. Look up the word misfeasance.

    As there was no means to 'undo' or uninstall completely, the damage was compounted, and the window of exposure undefined.

    Maybe they are stupid, and unaware of all the other rootkits, and have not considered that rootkit combinations may lead to other horrible consequences.

    Time to make things that don't uninstall, flat out illegal, and triple damages for misrepresentations about same.

  21. Re:WTF? by CastrTroy · · Score: 2, Insightful

    Why is a non-voting entity allowed to give political contributions?

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  22. Re:WTF? by crawling_chaos · · Score: 4, Insightful
    Because its shareholders are largely voters. The Supreme Court has ruled money to be speech, and the Right of the People to assemble to petition the government for redress of grievances is in the Constitution. Like it or not, a corporation is an assembly of some of the People, just like a union, or political party.

    I agree it stinks, but I'm not exactly sure how we stop it short of a constitutional amendment, and if that amendment is too broadly worded, the cure could be worse than the disease.

    --
    You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
    -- Colonel Adolphus Busch
  23. I'm SICK of the "shareholders" argument by erroneus · · Score: 2, Insightful

    "Shareholders" are about as identifiable as "terrorists." Let's cut through the bullshit on this one.

    When you count out who the majority VOTING shareholders are, you will find that a vast majority of the time, they are the same decision makers who are citing "will of the shareholders." It's bullshit. A doctor should do no harm regardless of who pays his fees. A corporation should do no evil regardless of shareholder interest or profit-making directives. The decision of HOW to go about making profit was made by people and THOSE people should be held accountable for those decisions.

  24. Re:WTF? by HTH+NE1 · · Score: 2, Insightful

    It's more of the baseball three-strikes mentality getting into the law. You did it once, fine, strike one. Do it again, that's strike two and we legislate. Once more and then you'll be in trouble.

    Except with enough campaign donations they can keep hitting foul balls without ever facing a real penalty.

    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  25. Will Someone Please Explain.... by mpapet · · Score: 3, Insightful

    Why is DHS the one that is playing enforcer here? How does policing corporations in private fit into their responsibilities of providing homeland security?

    With computer crimes there's some kind of investigation from local and federal law enforcement (FBI maybe?) and maybe a public hearing or two to give the appearance to voters that something is going to be done.

    Please point out the obvious here because I'm missing it.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  26. Security Flaws are Not the Issue by iamlucky13 · · Score: 3, Insightful

    It really bugs me that DHS and generally everyone else are looking at this issue as if the security vulnerabilities in the Sony rootkit are the main issue. And perhaps it is to them, but not to me. The real issue is that Sony is installing software on computers without the owner's permission, and it's software that intentionally hobbles hardware/software you paid for. That's like being upset, not because a thief stole your TV, but because he left the back door unlocked when he left.

  27. Re:WTF? by darkmeridian · · Score: 2, Insightful

    I'm entertained by the knee-jerk reactionism that has allowed this "sociopathic corporation" meme to float around. Corporations are held responsible. They get sued for breaking the law and then bankrupted--a death sentence. Ask Kenneth Lay what he thinks about the dearth of individual responsibility in corporate law. Furthermore, we all have a god-given right to make profit. No where do we have to act for the benefit of my fellow man; I just cannot hurt him. So if I should vote to say, fight a war in Iraq because I own lots of stock in military suppliers, I just sent a whole bunch of people to die killing a whole bunch of other people. Am I held individually responsible for my individual profits? Uh, no. So why can't corporations do the same?

    --
    A NYC lawyer blogs. http://www.chuangblog.com/
  28. Re:WTF? by logicpaw · · Score: 2, Insightful
    It's very simple, and I don't think it'd be that dangerous: repeal the ruling making corporations people (because they aren't), and repeal the ruling declaring money as speech (because it isn't). See? That wasn't so hard, and it fits in so nicely with reality!

    OK, let's plan how to do this. We need to elect a lot of legislators who will confirm judges leaning towards the repeals you suggest. The best way to do that is to form some political action corporation to help elect those candidates by giving them lots of money to help finance their election campaigns.

    Oh wait...