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Tougher Hacking Laws Get Support in UK

rainbowhawk writes to tell us BBC News is reporting that new laws outlining harsher punishments for computer crimes are gaining support in the UK. From the article: "The move follows campaigning from Labour MP Tom Harris, whose ideas are now being adopted in the Police and Justice Bill. There will be a clearer outlawing of offenses like denial-of-service attacks in which systems are debilitated."

21 of 189 comments (clear)

  1. And how should it be enforced? by Opportunist · · Score: 4, Insightful

    Laws against DDoSs. Great idea. Btw, let's next outlaw Hurricanes from destroying properties.

    Yes, one is a man made problem, the other one a natural catastrophe (albeit some might argue whether man made it worse... not the topic now), the problem is the same. You can make the law, but you cannot execute it.

    You want the bot-brain? Good luck. If he has half a brain, the controlling computer is not his, and it's sitting in some country ending in -stan. If he has no brain, all you accomplish is to execute Darwin's law: Survival of the best.

    You want the bot-drones? Well, while this does have my full support, you can already hear the outcry from computer illiterates who fell for the marketing hype around the 'net and "how easy it is to get on", only to realize now that if they don't have a clue what their computer is really doing on the net, they're now with one foot in jail when they even go online. Can you see the Sun headline already? "Granny charged with computer crime!"

    So, how is this going to do ANYTHING meaningful against DDoSs or other computer related crime?

    In turn, what it accomplishes is that there will be fewer and fewer people with relevant skills. Let's face it, everyone, literally everyone, who is in the security biz today, from 'net security to virus analysis has some kind of record. Either a public one or (if he's good) at least one that didn't get public. But everyone has scratched and sniffed at a server or two. If you threaten new and intelligent people with jail time comparable with premediated severe bodily harm (up to 10 years sentence here), they will go out and find some less "dangerous" hobbies.

    And the price for good security experts in the UK will rise. Either that, or you have to import them from some country ending in -stan, because there they can still learn the tricks of the trade.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:And how should it be enforced? by LiquidCoooled · · Score: 4, Insightful

      Laws against DDoSs. Great idea.

      What happens when somebody complains about a thorough slashdotting?

      Remember, google can be taken off the air when word of a DOS attack happens (I am a firm believer that 99% of DDOS attacks are curious web users on the grapevine testing a site supposed to be under sustained attack)

      --
      liqbase :: faster than paper
    2. Re:And how should it be enforced? by Baseball_Fan · · Score: 3, Interesting
      In turn, what it accomplishes is that there will be fewer and fewer people with relevant skills. Let's face it, everyone, literally everyone, who is in the security biz today, from 'net security to virus analysis has some kind of record. Either a public one or (if he's good) at least one that didn't get public. But everyone has scratched and sniffed at a server or two.

      I disagree with this statement. Many people learned security the right way. There are places with servers designed for testing. You don't have to crack the computers at U of State to learn security. You don't have hack the computers at GE to learn security.

      Laws against DDoSs. Great idea. Btw, let's next outlaw Hurricanes from destroying properties.

      DDoSs is different. IMHO, DDoSs is like a boycott. Unions did this before computers were invented. I can give you one example. A local shipping factory was going to take away health insurance from the truck drivers. The union voted to strike, and the compnay hired scabs. The truck drivers protested in front of the factory for a couple days, but realized they were not making progress. So what did they do? The truck drivers on strike got in their private trucks, vans, and whatever cars they could find, and they drove in a circle around the factory. This made it impossible for trucks to enter or leave the factory, and jammed up all the local intersections. But it was 100% legal. The police were called in, and the truck drivers were not breaking any laws. The company was forced to deal with the union.

    3. Re:And how should it be enforced? by Fatchap · · Score: 3, Informative

      Let's face it, everyone, literally everyone, who is in the security biz today, from 'net security to virus analysis has some kind of record. Either a public one or (if he's good) at least one that didn't get public. But everyone has scratched and sniffed at a server or two.

      I do not see how you get from "scratching and sniffing" to a record. I, along with most reputable security folks, spend a large amount of my personal income on equipping my lab so I can try things out without doing it on other people's servers and networks. The idea that to gain experience you have to break the law is absurd, it is a bit like saying to be a chef you have to have tried poisoning people!

      The fact is that it is against the law to tamper with, or to attempt to tamper with computer equipment that does not belong to you. The end result of posts like this is a simple law becomes confused with faux moral claims like "I was experimenting" or even worse "I was testing it to try and help the owner". Ask Dan Cuthbert (http://news.bbc.co.uk/1/hi/england/london/4317008 .stm) if it's ok to hack boxes without permission.

      --
      The only reason some people get lost in thought is because it's unfamiliar territory.
    4. Re:And how should it be enforced? by Jerf · · Score: 3, Insightful

      The first part of your argument boils down, I believe without much loss, to "it won't catch smart criminals, so it won't catch them all". This is a dumb argument against law for reasons so obvious I hope I really don't have to spell them out. It applies equally to all laws.

      (A smokescreen of words can make any point look valid.)

      The second part of your argument is that it will reduce the number of skilled people. However, I submit that market forces will make sure that as long as skills are in demand, a supply will be created. And it is extremely possible to obtain the relevant skills in a legal and ethical manner.

      I don't know that this law is good or bad; I haven't really looked at it. (The laws do need to be carefully written to make sure it remains legal to provide all relevant security services, which based on other comments may be an issue with this law.) I'm just pointing out your arguments are specious.

  2. Slashdoting? by nexxuz · · Score: 5, Funny

    Would that mean that there could be legal actions against slashdotting in the UK?

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  3. Ambiguity by kaleco · · Score: 4, Interesting
    The bill - which was being debated for the first time in the House of Commons on Monday - would also boost the penalty for using hacking tools.

    What constitutes a hacking tool? A terminal emulator? Linux?

    --
    Prosperity is only an instrument to be used, not a deity to be worshipped. Calvin Coolidge
    1. Re:Ambiguity by Anonymous+Brave+Guy · · Score: 4, Insightful

      This is one of those laws written by people with no clue about technology, and therefore hopelessly and dangerously broad. In this case, the text reads:

      (1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article-

      (a) knowing that it is designed or adapted for use in the course of or in connection with an offence under section 1 or 3; or

      (b) intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3.

      A loose but credible reading of the above seems to cover every mainstream operating system, every compiler or interpreter, every text editor, every communications tool, and more.

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      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:Ambiguity by kaleco · · Score: 3, Insightful

      This law is designed to make more people criminals. They can't examine an innocent person's computer, but if you're unwittingly breaking an arcane law, suddenly you're a criminal and the police can investigate all they like.

      --
      Prosperity is only an instrument to be used, not a deity to be worshipped. Calvin Coolidge
  4. What? by voice_of_all_reason · · Score: 5, Funny

    10 years for hacking? So you might as well take out the cops who are trying to bring you in. Assuming concurrent sentencing, you'll get the same time even with a few second-degree murders thrown in. Sorta like a bonus.

  5. Hacking tools... by advocate_one · · Score: 4, Insightful

    what will be illegal: possession or actual usage of them? cos technically speaking I'm in breach here simply for having several common utilities installed on this Ubuntu box. Tools I use to ensure my own systems are secure...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  6. Sony? by Lord_Dweomer · · Score: 4, Insightful
    "There will be a clearer outlawing of offenses like denial-of-service attacks in which systems are debilitated.""

    And where will monstrosities such as Sony's rootkit fit into this? Surely our corporate overlords would be held just as accountable under these new laws as a poor 16 year old hacker in his parents' basement.

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  7. Awkward justice system by GenKreton · · Score: 5, Insightful

    Does anyone else find it COMPLETELY wrong someone like Milan Babic (former Croatian Serb leader who just commited suicide) serves 13 years for genocide crimes and hackers can serve as much for a little denial of service attack?

  8. Black? White? Grey? Define it! by Opportunist · · Score: 4, Insightful

    Where does white stop and where does black begin? And, more important, do they care?

    What they want is the perfectly safe and sane net. Which is by its very design impossible, the net itself is "dumb". It shuffles packets from A to B, not caring (too much) about their content. And that's its purpose.

    Their idea seems to be that, if there is nobody who CAN hack, nobody DOES hack. But that's the same theory you can apply to guns. What happens if you outlaw guns?

    Exactly.

    The best defense against an attack is to have the better guns. Or, in terms of the 'net, the better hackers. If you outlaw them, if you outlaw learning the techniques and the tricks, which you pretty much do when you outlaw hacking altogether, since even a page about hacking can be labeled a "hacking tool", you do the equivalent of outlawing weapon development in your country.

    And what happens when you do but other countries don't?

    Exactly.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  9. You think this is a joke? by Anonymous+Brave+Guy · · Score: 5, Interesting

    Actually, Slashdotting almost certainly would be regarded as a deliberate DDoS attack.

    1. It suddenly diverts massive numbers of requests to a particular system, resulting in an obvious denial of service.
    2. The admins of that system are given no prior warning and have no particular reason to expect such a spike, so they can't do anything about it. (There goes the "if it's on the web, it's fair game" argument.)
    3. The Slashdot admins know damn well about the Slashdot effect, and have consistently ignored public suggestions to improve their procedures.

    I would expect that if the Slashdot editorial staff continue to allow linking in articles without giving any sort of warning or (better) seeking consent from the linked service's admins, the first case will go against Slashdot in a matter of minutes, and there will be genuine consequences for the admins. Let's hope the more enlightened editorial policy zillions of Slashdotters have been advocating for years results.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:You think this is a joke? by Anonymous+Brave+Guy · · Score: 4, Interesting

      Reading the proposed wording, there is no definition of "DDoS". The offences are defined in terms of denying access to a system, and you would simply have to make the case that the Slashdot editors had the requisite knowledge and intent. The knowledge is clear; the Slashdot effect is widely known, and it is not credible that the editorial staff are unaware of the likely effect of linking to a site on the front page of Slashdot. The intent is less clear, but I'm sure you'd find a lawyer who could make a strong case for it. We might refer to a "DDoS attack" in conversation, but the use of zombie machines or whatever is irrelevant to whether or not an offence is committed under the proposed law.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  10. Script Kiddies go free ;-) by TekGoNos · · Score: 4, Interesting
    A person is guilty of an offence if--
        (a)
            he does any unauthorised act in relation to a computer; and
        (b)
            at the time when he does the act he has the requisite intent and
            the requisite knowledge.
    So, if a script kiddy just tries everything without knowing what he does, he goes free?
    --
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  11. Compare/Contrast... by Greyfox · · Score: 3, Interesting
    It'd be interesting to see a comparison of the penalties for a real world crime and its computer equivalent. For example, what's the penalty for shoplifting a CD, where you've stolen actual physical property and downloading the same songs from bittorrent or wherever. Assuming you get caught in either case. Likewise what are the penalties for staging a DDOS, which is temporary, versus, say, a Miltonesque burning down of the building, which isn't? And are the penalties for dumpster diving and stealing thousands of credit card numbers any more or less than phishing for them on the internet. Although it seems phishers are pretty good at covering their tracks these days judging from the number of news stories there are about THEM getting caught.

    It'd be even more interesting to see a news outlet pick up a story on that. Anyone care to send a suggestion off to NPR?

    Anyway... if the punishments for the electronic equivalents are more severe than the real world crimes, perhaps the lawmakers in question need to review their statutes about smoking crack and turn themselves in for appropraite punishment.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  12. Welcome to the new world by Opportunist · · Score: 4, Insightful

    Babic killed people. Hackers kill shareholder values.

    Wrong?
    From a moral point of view, yes.
    From a human point of view, yes.
    From a personal point of view, YES.

    From a financial point of view, no.

    You got 3 tries to guess which one counts.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  13. Re:Rules need to exist for creators too by Fatchap · · Score: 3, Insightful

    There will always be people who will try to break into systems, but if the software is hardened to a certain extent then maybe the scr1pt k1dd13s will be kept out

    You can harden Windows to a stage where it is very difficult to break into; equally, you can deploy UNIX, VMS and AIX in a fashion that is very open. The fact that someone uses something with insufficient knowledge to do so properly can not be blamed entirely on the manufacturer. If they knowingly and negligently allowed it to be released with unfixed flaws then yes it would be wrong, if they made errors in production that they then fixed you can not blame them for that.

    Take a real world example of a car that is produced with a faulty seatbelt and airbag combo. If the manufacturer was selling knowing that it was unsafe then it is wrong. If they sold it, realized the problem and then recalled all the effected models to fix them, without charge there is not problem. You could not them blame them for someone driving the car into a cement wall and not surviving. Why then do we think it is Microsoft's fault when some idiot puts an un-patched NT 4 box on the internet and it is compromised in short order?

    --
    The only reason some people get lost in thought is because it's unfamiliar territory.