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Is It Illegal To Disclose a Web Vulnerability?

Scott writes "I'm submitting my own story on an important topic: Is it illegal to discover a vulnerability on a Web site? No one knows yet, but Eric McCarty's pleading guilty to hacking USC's web site was 'terrible and detrimental,' according to tech lawyer Jennifer Granick. She believes the law needs at least to be clarified, and preferably changed to protect those who find flaws in production Web sites — as opposed to those who 'exploit' such flaws. Of course, the owners of sites often don't see the distinction between the two. Regardless of whether or not it's illegal to disclose Web vulnerabilities, it's certainly problematic, and perhaps a fool's errand. After all, have you seen how easy it is to find XSS flaws in Web sites? In fact, the Web is challenging the very definition of 'vulnerability,' and some researchers are scared. As one researcher in the story says: 'I'm intimidated by the possible consequences to my career, bank account, and sanity. I agree with [noted security researcher] H.D. Moore, as far as production websites are concerned: "There is no way to report a vulnerability safely."'"

198 comments

  1. It ought to be by Anonymous Coward · · Score: 0

    People shouldn't stick their node where it doesn't belong.

    What if some Peeping Tom was leering at your daughter through the window, "to check for vulnerabilities in your home security"? It doesn't sound so good now, does it?

    1. Re:It ought to be by LiquidCoooled · · Score: 4, Insightful

      It depends if your daughters bedroom is on a shopfront on Rodeo drive (or wherever).

      Expecting privacy on a publicly advertised service is different to people using zoom lenses to peer through the fence of your gated community.

      --
      liqbase :: faster than paper
    2. Re:It ought to be by jimlintott · · Score: 3, Insightful

      It would be perfectly legal to stand on the street and stare at my naked daughter through her bedroom window.

      She has drapes for this.

    3. Re:It ought to be by Anonymous Coward · · Score: 4, Funny

      Two questions:

      Is she cute?
      Does she use her drapes?

    4. Re:It ought to be by rootofevil · · Score: 4, Insightful

      in most states it would be illegal for her to stand in view of someone in the street naked. what does that say about website vulnerabilities?

      --
      turn up the jukebox and tell me a lie
    5. Re:It ought to be by haggie · · Score: 1

      Does the carpet match?

    6. Re:It ought to be by Anonymous Coward · · Score: 0

      my question would be - do I really care?

      and an answer.. No

      or how about.. does she have a sister?

    7. Re:It ought to be by Anonymous Coward · · Score: 0
      Expecting privacy on a publicly advertised service is different to people using zoom lenses to peer through the fence of your gated community.

      The photons entering that zoom lens escaped from the gated community because information wants to be free.

    8. Re:It ought to be by Rakshasa+Taisab · · Score: 1

      I don't know... Does anyone have the 'address' to the 'website' in question?

      --
      - These characters were randomly selected.
    9. Re:It ought to be by Anonymous Coward · · Score: 0

      Bad analogy. In the UK at least, there are defined standards for what constitutes a breach of privacy or not. If you can see something without going out of your way to see it, then there's no expectation of privacy. So if your daughter chooses to get dressed with the curtains open, visible from the street, I'd be well within my rights to stand there and watch.

      To bring this slightly back on topic, the problem is that there are no defined standards like that about what is acceptable and not. If there were a few simple guidelines, coupled with an intent clause, and a proviso that you don't publish or use to your advantage anything that you find by poking around, then everything would be fine.

  2. So is it illegal too... by DanQuixote · · Score: 2, Insightful


    paste up a poster in the town square, announcing that the lock is broken on the back of the hardware store?

    How is this different?

    --
    "We think people rightly feel that once they buy something, it stays bought," --Suw Charman, Open Rights Grp
    1. Re:So is it illegal too... by xENoLocO · · Score: 1

      Paranoia and the DMCA.

      --
      "The need to build the internet comes from something inside us, something programmed... something we can't resist."
    2. Re:So is it illegal too... by SpaceLifeForm · · Score: 2, Informative
      If the poster is not signed, who can be blamed?

      The problem is that there are many emperors that want to believe in security by obscurity, and when told they have no clothes, would rather shoot the messenger than face reality.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    3. Re:So is it illegal too... by FormulaTroll · · Score: 1

      Instead of a hardware store, what if it's a bank? What if it's the bank you keep your money in? And what if they ignored you when you brought it to their attention? It's likely you'd put your money in a different bank, but would it be illegal to warn friends and neighbors of the issue?

    4. Re:So is it illegal too... by Kadin2048 · · Score: 5, Insightful

      It's not, except that what gets people in trouble, is when they try to take credit for a vulnerability they've found in a production website.

      I doubt that you'd get in trouble -- and how could you? -- if you submitted the vulnerability, or even publicized it, anonymously. There are lots of ways to do this; Mixmaster comes to mind, and is practically invulnerable to tracing, particularly when your potential adversary isn't expecting an anonymous communication to come in.

      If you found a problem, realize that no good is ever going to come to you because of it, and don't expect to ever be rewarded or thanked. Once you've acknowledged those things, there's no reason to attach your name to it, when you let them know.

      It's when you try to have your cake and eat it too -- point out someone else's problem while getting rewarded for it -- that the problems really begin.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    5. Re:So is it illegal too... by kalirion · · Score: 2, Insightful

      What if you want to let the store owners know that the lock is broken? When they ask "how do you know?" you reply "Well, I touched the lock, and it fell apart." So they turn you in for vandalism and breaking and entering.

    6. Re:So is it illegal too... by Lesrahpem · · Score: 4, Insightful

      I see a big difference.

      If the hardware store gets broken into it mainly effects the owner(s) of the store, the people who work there, and not many other people. If a site like yahoo (the mail aspect of it), a banking site, or paypal is broken into and exploited then it effects every single person who uses the site in a very negative way.

      I don't think publically announcing a vulnerability in a specific public service or facility is very responsible. At the same time, many businesses don't do anything to fix the problem if only one person tells them about it. The public releases we commonly see are sometimes necessary because without the pressure of the public eye the business won't correct the problems in it's service.

      I've done things similar to this on a few occasions. I found a vulnerability in Surgemail, an all-in-one mail server software for Linux, which allowed any remote user to read any mail to the root account, and to send mail as root. I emailed them about it several times and received no reply for over six months. I finally released the info on it, and they fixed it two weeks later. I did something similar with an online service schools in my area offer which allows anyone to see the grades and personal info (SS#, home address, etc) of students in the school through a SQL injection. I contacted several schools about the issue as well as the company they had contracted to write the software for them. It's been 2 years and they still haven't fixed it.

    7. Re:So is it illegal too... by h2g2bob · · Score: 1

      Exactly. The mistake is not exploiting it (you could probably get away with that). The mistake is telling them that there is a problem.

    8. Re:So is it illegal too... by mark-t · · Score: 1
      If the hardware store gets broken into it mainly effects the owner(s) of the store, the people who work there, and not many other people.
      It also affects the store's customers, as the store is forced to raise its prices to make up for the losses. Depending on the size and popularity of the store, that could potentially be a great number of people.
    9. Re:So is it illegal too... by euphopiab · · Score: 1

      Perhaps it isn't like announcing it so much as telling the owner. What if the person finds the flaw, then simply contacts the owner of the website/hardware store and tells them there is a problem?

      --
      Short yet sharp and effective series of words to stir immediate and strong emotion.
    10. Re:So is it illegal too... by Lesrahpem · · Score: 1

      That being the case is it not then public responsibility to force the store owner to fix the lock if they have been notified but won't fix it?

    11. Re:So is it illegal too... by nasor · · Score: 1

      If you say that you know it's broken because you were able to go in and walk around, then yes, you could be guilty of trespassing.

  3. Test my house for security vulnerabilities by Timesprout · · Score: 1

    And if I catch you, you are going to get seven shades kicked out of you. Pissing about with what's not yours always has repercussions.

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
    1. Re:Test my house for security vulnerabilities by Anonymous Coward · · Score: 2, Insightful

      Colorful analogy, but most vulerabilities are not specific to one person's machine. Would you go "kick someone's ass" for finding a flaw in their own house's security that just happened to affect you too?

    2. Re:Test my house for security vulnerabilities by fireboy1919 · · Score: 4, Insightful

      Not really a good comparison since your house is private and websites are essentially open to all comers.

      It's more like checking the locks on the backside of a Walmart. Suspicious, but not illegal, and not nearly as unethical.

      Heck, you may actually have a legitimate reason to be back there - such as offloading goods from a truck.

      The same can be said for security vulnerabilities in websites. You can easily stumble across them when you're not even looking in places that you're supposed to be.

      --
      Mod me down and I will become more powerful than you can possibly imagine!
    3. Re:Test my house for security vulnerabilities by russ1337 · · Score: 4, Insightful

      Would you say anything if you were in an airport and noticed a door unlocked and ajar leading from the public area to the tarmac around the aircraft?

    4. Re:Test my house for security vulnerabilities by Timesprout · · Score: 1

      No and I would not say anything and I would just laugh if I saw you checking if these airport doors were locked and several heavily armed men drag you off for a little question and rectal examination time.

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    5. Re:Test my house for security vulnerabilities by cptgrudge · · Score: 1

      It's more like checking the locks on the backside of a Walmart.

      Even the backside might not be necessary. Who hasn't walked up to a storefront entrance with the intent of going in and been rebuffed by a locked door before seeing the store's hours?

      --
      Qualitas edurus commercium, nullus penitus net rimor, nullus deus beneficium
    6. Re:Test my house for security vulnerabilities by gaspar+ilom · · Score: 1

      No, it's more like identifying that Walmart, Sears, Target and others use a particular brand + model of lock -- one that is basically defective because anyone can open them in some trivial manner.

      (say, by jiggling the door handle a certain way.)

    7. Re:Test my house for security vulnerabilities by russ1337 · · Score: 1

      >>>"No and I would not say anything and I would just laugh if I saw you checking if these airport doors were locked and several heavily armed men drag you off for a little question and rectal examination time."

      I wouldn't try the doors either. But, if I saw one open then I'd tell someone, just the same as when I've baggage unattended for a suspiciously lengthy period.

      But relating this to the article, and this is where the contention starts: The web doesn't easily discriminate between 'seeing the door ajar' vs 'checking to see if the door is unlocked'. And one takes risks when bringing either to the attention of the 'authorities'. Thus my analogy falls down as I'm not about to raise a broken website with anyone (its not like I'm going to wait on their 1-800 number for 45 minutes) - I'll just carry on with my day.

    8. Re:Test my house for security vulnerabilities by Impy+the+Impiuos+Imp · · Score: 2, Interesting

      It's not illegal to stand on the corner and say, "That house over there is selling cocaine for $10."

      It is illegal to stand on the corner and say, "That house over there is selling cocaine for $10." when you are hired by the cocaine house.

      So are these people saying, "Product X sux because of this vulnerabily xyz here, exploitable via abc", and that's that, or are they saying, "Product X sux because of blah blah blah, and company X, could you pay me $10 or I'll release the info?"

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    9. Re:Test my house for security vulnerabilities by ostomator · · Score: 1

      ooo! I love analogies!
      Un fortuneatley, why exactly are you checking the locks in the back of a walmart?
      I can see it if you are a supplier and want to make sure that your supplies are secure, but even that is felacious,
      since you have already gotten [aid for your delivery.

      There is no reasonable analogy. How about this one :
      you test a store's security by giving them someone else's credit card. I swear officer, it was all for a good cause.

      I haven't time for the entire coherent argument, and since this is such alate post i don't really care, but if you read this, my point is just that
      there is no analogy for this situation.

      All that being said, the copmanies involved are pretty riduclous for looking a gift horse in the teeth.

      Regards,

      Bob

    10. Re:Test my house for security vulnerabilities by Zapperlink · · Score: 1

      As already pounded to death your comparison is flawed and somewhat a bit of a trollish response. While not always the case most people who intend on informing the website owner or even the community about a software flaw is much like someone saying over the intercom that there is a BMW in the parking lot with its windows down. Yeah someone could abuse it and exploit that fact and jack your nice stereo, you could go out and roll up your windows, or hey you could just leave it and depend on your alarm system to protect what is a noticeable flaw. Is it simply offensive to help someone out with what they might not have noticed?

    11. Re:Test my house for security vulnerabilities by green1 · · Score: 2, Interesting

      I actually did find a real world security vulnerability of that form... Elevator in the building I worked in was prone to malfunction. the bottom floor of the building was a pub that was not open at 8 am when I went to work. normally visitors would be kept out of said pub by the fact that you would need a key for the elevator to go to that floor. one day I got on the elevator, pressed the button for the floor my office was on, when the doors opened I stepped out without paying much attention and found myself alone in the middle of the closed pub...

      Now, is it my fault I ended up there? I don't think so... would the pub want to know they have this problem so they can install an additional security door/gate, probably. Was what I did illegal... maybe, I did tresspass on their property, though entirely by accident, had I been paying more attention I would not have exited the elevator, but I wasn't, so I stood in the middle of the pub long enough for the next elevator car to arrive.

      would I get in trouble for reporting it? maybe... hard to say, people get insanely paranoid about security, and wether you are talking electronic security, or real world physical security, in most cases people would rather blame the person who found the problem than acknowledge the problem exists in the first place...

    12. Re:Test my house for security vulnerabilities by Anonymous Coward · · Score: 0
      I can see it if you are a supplier and want to make sure that your supplies are secure, but even that is felacious,
      since you have already gotten [aid for your delivery.
      I see... so as long as you have the money, you don't give a damn whether anything gets stolen, broken into, etc... what a lovely person you are.
    13. Re:Test my house for security vulnerabilities by Stewie241 · · Score: 1

      yeah... I was on a job posting site once (a small independent one) and noticed that it was all operated on insecure perl scripts. The only security was obscurity. I found myself with the ability to view all the job listings, pull up an edit form, and edit job postings (I didn't edit anything myself, but I knew someone who had a job posted on it that they had posted wrong and had ignored his request to change it, so he did). I emailed them and let them know. I didn't hear anything back. That was about two years ago, and it is still the same. I wasn't looking for vulnerabilities, but actually came across it when I was trying to find the site again using google and it popped me into their edit script. Yikes. Ian

  4. Moot issue? by Anonymous Coward · · Score: 0

    Why not just disclose them anonymously through tor or the like? Nobody can prosecute you then.

    1. Re:Moot issue? by Anonymous Coward · · Score: 0

      Because the type of ppl who publish these security holes mainly do it for the glory of being the one to discover the flaw. If it's published anonymously then they get no credit.

    2. Re:Moot issue? by fishbowl · · Score: 1

      Well, if the "credit" reward is worth the risk to them, there is clearly no problem.

      --
      -fb Everything not expressly forbidden is now mandatory.
    3. Re:Moot issue? by russ1337 · · Score: 1

      Or put it up for Auction on a Russian hacker site with a reserve for $5k, and use the money to flee the country....

    4. Re:Moot issue? by wizzard2k · · Score: 4, Informative

      You could report it through a 3rd party like The Zero Day Initiative, a division of 3com's Tipping Point intrusion prevention service.

      That gives small time security experts a platform of anonymity to disclose vulnerabilities to anyone (not just 3com's customers) while retaining the possibility of a reward.

    5. Re:Moot issue? by Anonymous Coward · · Score: 0

      I don't know what your standard of living is, but it would take a hell of a lot more that US$5,000 for me to flee the country and set up somewhere else.

  5. no good deed by User+956 · · Score: 1

    Eric McCarty's pleading guilty to hacking USC's web site was 'terrible and detrimental,' according to tech lawyer Jennifer Granick.

    No good deed goes unpunished. The lesson here is, lett the poor bastards find out about the problem after it's too late.

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:no good deed by DrugCheese · · Score: 2, Funny

      That's where it's headed probably. White hats will be forced to keep their mouth shut and giggle to themselves.

      --
      *DrugCheese rants*
    2. Re:no good deed by Chandon+Seldon · · Score: 1

      Or just anonymously post their discoveries in a public forum. That's what I'd do at this point... being nice and telling the site admin directly is too risky, and there's no excuse to let security issues just sit unnoticed.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    3. Re:no good deed by falconwolf · · Score: 1

      there's no excuse to let security issues just sit unnoticed.

      Sure there is, if they're going to treat you like scum when you try to help them, let them suffer the consequences. If they don't appreciate it when someone points out a problem let them face the pbulic and their customers or clients when a cracker or script kiddie exploits the vulnerability. You shouldn't have to hide just because you try to help someone.!!!

      Falcon
    4. Re:no good deed by mikek3332002 · · Score: 1

      Either that or ask them if they want their website tested for security holes. The bill the webhost for their time.

  6. Boo! by Karganeth · · Score: 0, Offtopic

    Shameless self promotion!

  7. Discover, or try to discover? by gstoddart · · Score: 5, Interesting

    Is this about discovering a vulerability, or trying to discover a vulnerability?

    If I click a link, and something breaks, and I've 'discovered' a problem, I've probably not done anything. It just broke, and I was the one who was there.

    If I try to find a problem, and do (even if I don't exploit it), then I might have been doing something I shouldn't.

    A real world example would be, if you get caught outside of a door, trying to pick the lock, and then claim you were trying to ensure their locks were safe, you might get charged bith attempted B&E. You don't get to do a security audit on people's front doors.

    As much as we like to separate people into black hats and white hats, if you were trying to jimmy the lock, for whatever reason, you were probably doing something you shouldn't have been.

    Just my 2 cents, anyway.

    --
    Lost at C:>. Found at C.
    1. Re:Discover, or try to discover? by Chapps · · Score: 1

      The problem I find with that, is that it leaves room for somebody who was purposely trying to find security flaws to go about and say, "But I found it on accident!"

      It sounds like a nice defense to say you found it on accident (even if you actually did), but in the end, it won't make a difference.

    2. Re:Discover, or try to discover? by haddieman · · Score: 2, Insightful

      I would have to agree with you on this. The problem is that, with the internet, it is a lot easier for people to do this and not "feel" like they are doing anything wrong. Sure, most people aren't going to risk being caught trying to pick someone's lock when it's on their back door, but when you are sitting in your room at your computer it is much easier to feel that you either won't get caught or that people will appreciate your "helpfulness" even though, in real life people will still feel like their privacy has been violated, regardless of whether your intentions were good or not.

    3. Re:Discover, or try to discover? by Daemonstar · · Score: 1

      Exactly. This is the crux of the issue: intent. Almost all crimes must have an actus reus (act) and mens reus (mental state), depending on the law/state. If the mental state (including criminal neglegence) doesn't fit with the crime, then there is no crime to prosecute (see your state's penal code for definitions for "culpable mental states"; in the Texas penal code it's Title 2 Chapter 6).

      This, however, is different in civil courts.

      --
      I don't reply to Anonymous posts; if you have something to say to me, identify yourself or I won't reply.
    4. Re:Discover, or try to discover? by gstoddart · · Score: 3, Interesting
      The problem I find with that, is that it leaves room for somebody who was purposely trying to find security flaws to go about and say, "But I found it on accident!"

      Well, I guess, like any legal matter, one hopes there is a threshold of evidence to indicate one way or the other, and that people are looking at it on a case-by-case basis.

      If I bump into an owie on someone's site, send them a friendly "hey, did you know this", and the logs don't indicate that I spent a few hours entering in junk, then, maybe, I need the benefit of the doubt and I was a nice guy who told them of something unusual as soon as it happened.

      If I spent hours putting in malformed urls, experimenting with SQL injection, XSS stuff, and the logs show it, then maybe you need to look at me a little closer as someone who was specifically trying to breach their security.

      Like any such thing, I would hope it's not a truly black or white distinction -- I would hate to think that accidentally discovering a bug on a web page, which was a vulnerability, was a crime. That would mean that you were guilty of comitting a crime, when in fact, you found a bug in someone's software. And *that* is scary indeed!!

      You do raise a good point; but sometimes it's better that the law use our nice little presumption of innocence and we miss people, as opposed to a presumption of guilt, and we arrest innocent people.

      Cheers
      --
      Lost at C:>. Found at C.
    5. Re:Discover, or try to discover? by ACMENEWSLLC · · Score: 3, Interesting

      This is a gray area.

      One of my network magazines that I get at no charge by filling out survey information had expired. I got a phone call and the person on the line asked me to renew. She provided a generic website address, and then a unique ID.

      The problem was that the Unique ID was not random. It was something like 123456. When I put this in, it wasn't just a questioner. It had my personal information. I could put in 123457 or 123455 and bring up the personal information of someone else.

      It is a web vulnerability, imo, caused by improper security on my personal data.

      This doesn't match up with your simile of picking a lock.

      I did report this, and the company did change their website. I reported it on the phone as I was talking to the person, as well as by e-mail.

    6. Re:Discover, or try to discover? by 99BottlesOfBeerInMyF · · Score: 3, Insightful

      A real world example would be, if you get caught outside of a door, trying to pick the lock, and then claim you were trying to ensure their locks were safe, you might get charged bith attempted B&E. You don't get to do a security audit on people's front doors.

      I don't buy that analogy. Breaking and entering is a crime. Theft is a crime. Exploiting computer vulnerabilities is a crime. I'm not sure finding computer vulnerabilities is or should be a crime. I could just as easily use the analogy, "looking at the windows of houses to see if they are open or unlocked is not a crime, but climbing through a window is."

      I think laws that rely upon somehow knowing the intent of the person performing an act are pretty poor laws. If I go tell you your locks are really old and can be opened with a plastic fork because I noticed it while walking by, and you happen to run a store I do business with and hence have my CC# on file, that sure shouldn't be a crime. If I write a letter to the editor of the newspaper saying the same, it should not be a crime. If I notice on your Web site the same level of e-security, I don't see how it is qualitatively different.

    7. Re:Discover, or try to discover? by zero-one · · Score: 2, Interesting

      A few years ago, I applied for a job at a well known company using their online application site. When I finished filling in the form, the site redirected to a page with a URL like https://www.example.com/viewapplication.asp?applic antid=12345 that displayed all of my details.

      I wondered what would happen if I changed the number in the URL and found that the site would happily show me the details for all the other applicants (including quite sensitive information).

      Was changing the URL "trying to discover a vulnerability" or "discovering a vulnerability"?
      What if the values had been sent using a HTTP POST (so I couldn't see them or edit them by just changing a URL)? What if they had been lightly encrypted or included a check-digit?

    8. Re:Discover, or try to discover? by Anonymous Coward · · Score: 0

      then I might have been doing something I shouldn't.

      So you might. Do you really believe that a person should be sent to prison because that person might have been "doing something [he] shouldn't"?

    9. Re:Discover, or try to discover? by ArsenneLupin · · Score: 1

      A few years ago, I applied for a job at a well known company using their online application site. When I finished filling in the form, the site redirected to a page with a URL like https://www.example.com/viewapplication.asp?applic antid=12345 that displayed all of my details.

      I wondered what would happen if I changed the number in the URL and found that the site would happily show me the details for all the other applicants (including quite sensitive information).

      Was changing the URL "trying to discover a vulnerability" or "discovering a vulnerability"?
      What if the values had been sent using a HTTP POST (so I couldn't see them or edit them by just changing a URL)? What if they had been lightly encrypted or included a check-digit?
      A truely devious mind would have entered https://www.example.com/viewapplication.asp?applic antid=12345 %3B update applicants set photo_url='http://goat.ca/hello.jpg' %3B-- or something equally funny.
    10. Re:Discover, or try to discover? by gstoddart · · Score: 2, Insightful
      I think laws that rely upon somehow knowing the intent of the person performing an act are pretty poor laws. If I go tell you your locks are really old and can be opened with a plastic fork because I noticed it while walking by, and you happen to run a store I do business with and hence have my CC# on file, that sure shouldn't be a crime.

      I'm gonna divide that into two halves ... the one that makes sense, and the other.

      If you truly 'walked by' and noticed the windows, and told me about it, that's like notifying the site owner -- it's a nice thing to do, the site/business owner may not immediately act upon it, but they know; and they presumably rely on the fact that it's not widespread information. If you were going house to house trying to open windows, I bet you'd be in a different legal position. If you then went to a known burglar with the information, well, you're no longer just doing something nice and innocent now, are you??

      For the second half ... WTF does having, or not having, your credit card # on file apply to this?? It seems a bit spurious to the conversation at hand, and I'll treat it as such. :-P

      If I write a letter to the editor of the newspaper saying the same, it should not be a crime. If I notice on your Web site the same level of e-security, I don't see how it is qualitatively different.

      Hmmmm .... you 'discover' (either by playing or quickly deducing) a vulerability. You write a letter to the editor saying that someone windows are faulty, or they hide their spare key under the plant on the porch, or the combination to their security system is 1234 .... I don't think you've idly done nothing. You've made available to people the means to commit and illegal act. The fact that it was just there for anyone to see (or you spent three hours trying to find it) doesn't mean you wouldn't have anything to do with them getting robbed.

      That's very naive -- "I can tell everyone how to break into your house, and I have no consequences" -- just doesn't sit well with me. I would say if you are going around telling people exactly what they need to do to break into my house, you have the happy fun of being an accessory, or a party to a conspiracy to commit a crime. You haven't done some public service.

      I realize people figure that white hats should scream really loud so everyone knows the vulerability, because the black hats wouldn't. But, telling the black hats how to do it, you no longer get to say you're better than they are. In fact, you're probably worse, because you were the one casing the joint, as it were.

      Telling about exploits, especially in open forums where people with less honourable intentions might be, isn't necessarily a noble thing. You don't have an obligation to ensure that everyone in the world knows how to open every unsecured lock.

      Cheers
      --
      Lost at C:>. Found at C.
    11. Re:Discover, or try to discover? by 99BottlesOfBeerInMyF · · Score: 3, Insightful

      If you then went to a known burglar with the information, well, you're no longer just doing something nice and innocent now, are you??

      Yes, but no one is claiming you should be able to find vulnerabilities and give or sell them to blackhats, merely make them public or inform the site operator without worrying about being sued.

      or the second half ... WTF does having, or not having, your credit card # on file apply to this?? It seems a bit spurious to the conversation at hand, and I'll treat it as such.

      No it isn't. If they have your credit card on file (as many e-businesses might) then you have a business relationship with them and a vested interest in their security. It is perfectly legal and sometimes industry practice to hire private investigators to look into the security of current or proposed business partners.

      I don't think you've idly done nothing.

      You've done something, but nothing illegal.

      You've made available to people the means to commit and illegal act. The fact that it was just there for anyone to see (or you spent three hours trying to find it) doesn't mean you wouldn't have anything to do with them getting robbed.

      So what if the local bank, where the whole town keeps their money, tends to leave the back door propped open and the safe unlocked? Should it be illegal for me to tell the paper or the paper to write an article letting everyone know they should take their money out? Should you have to be concerned about being sued if you write the bank manager and let him know what is going on?

      I realize people figure that white hats should scream really loud so everyone knows the vulerability, because the black hats wouldn't. But, telling the black hats how to do it, you no longer get to say you're better than they are. In fact, you're probably worse, because you were the one casing the joint, as it were.

      Not at all. Whitehats do not profit from illegal actions and are aiming to improve overall security. Full disclosure is not always the best way to go about improving security, but sometimes it is. Why you think only in terms of full disclosure, however, is a mystery to me. Even the summary specifically mentions people being sued for just telling the Web service provider that the service has vulnerabilities in it.

      You don't have an obligation to ensure that everyone in the world knows how to open every unsecured lock.

      No, but sometimes telling the public how to open a particular lock is the best way to improve security. If Diebold starts selling a new combination bike lock, and I discover 1.2.3.4 always opens it, and I know at least one gang of thieves is already looking for these locks and stealing bikes via this method... I should 100% have no fear that I will suffer legal repercussions if I tell the support guys at Diebold. If Diebold refuses to acknowledge the problem I should likewise have no fear that my exercising my freedom of expression and telling the local newspaper will result in my being prosecuted for some crime. The same goes for software and services on computers.

    12. Re:Discover, or try to discover? by Jerf · · Score: 1
      A real world example would be
      No! No metaphors!

      Computer networks aren't neighborhoods, superhighways, or libraries. Trying to shoehorn the metaphors onto a reluctant reality just means people endlessly argue about the metaphor and not the question at hand.

      The question is, "is it illegal to disclose a web vulnerability?" You also ask "What are the boundaries of permitted probing?"

      I don't have an answer, but I'll give you one aspect that is not covered by any real-world metaphor, yet is very important: If I go to a website and give it my credit card number, I have no assurance that they aren't doing stupid things with it. They aren't supposed to store it, but many sites, even large ones, have in the past and continue to do so. How much right do I have to poke around the website to at least try to gather some data about how secure the site is before (or after) I trust them with some of my most sensitive information?

      That's an interesting question, but there's almost no real-world analog with modern credit card systems that don't have to record the full number. And please, don't try to shoehorn a metaphor onto this. Deal with the problem at hand, not a made up problem substituted for it, that "conveniently" happens to make the exact point you wanted to make...
    13. Re:Discover, or try to discover? by DamnStupidElf · · Score: 2, Interesting

      As much as we like to separate people into black hats and white hats, if you were trying to jimmy the lock, for whatever reason, you were probably doing something you shouldn't have been.

      If I store my stuff in a storage locker and have to use a lock the storage company provides, can I test its security?

      If I live in an apartment building, can I check the lock on my door to make sure it's not easy to pick?

      In reality, all locks are pretty easy to pick. Locksmiths and law enforcement have tools that can open most locks within minutes or seconds, and anyone with an interest can buy or fashion their own lockpicks relatively easily. On the Internet, security is supposed to mean more than just an easily defeated mechanical lock because the attack surface is world-wide and difficult to monitor. You can't hire cheap security guards to keep hackers out of websites like you can to protect locked doors. Computer and Internet security rely on vigilant eyes finding vulnerabilities in the system and fixing them, and since most companies don't seem to take security very seriously, it makes sense that people should be able to gauge the security of any system they are going to store information in, or in the general case just inspect any Internet host they want for vulnerabilities. As a shared medium, every host connected to the Internet can have a large impact in terms of DoS, worm, or spam attacks. If anything, the problem is that companies and individuals connect their systems to the Internet without realizing this, and want laws to protect them from things that the law can do essentially nothing about.

      The way I see it, if a host on the Internet has an open known port (it shows up in /etc/services) that doesn't require authentication (unless one is authorized), it's perfectly legal and ethical to connect to the port to see what services it actually offers, and the terms of service if any. HTTP(S) is such a protocol, and so long as httpd serves pages without a 403 response and robots.txt doesn't exclude certain files to all agents, it's perfectly legal and ethical to browse the entire site, including submitting POSTs and GETs to apparent CGIs. Attempting to discover vulnerabilities is really just a guess at what the host administrator wants the system to do, and using common sense. In general, if a vulnerability can be tested against a honeypot or other test system, that's the ethical way to do it. If that's not possible, preliminary testing should lead to a vulnerability report to the administrator of the site. Using the vulnerability to access other people's data or modify the system is a bad idea, and possibly illegal, even if just as a demonstration. There are usually ways to demonstrate bugs without exposing anything but the bug itself.

      The Internet requires smart people looking for vulnerabilities and reporting them in order to function securely. Most companies do not have the money to pay smart people to do nothing but find vulnerabilities, which is unfortunate. The fact that people do it for free or for recognition should be recognized as the useful service that it is. Black hat crackers will always be interested in finding vulnerabilities and exploiting them in secret, or selling them to someone who can exploit them. It's exactly like an immune system that must be trained by infections in order to combat them in the future. Without knowing what attacks look like and how they work, there's no way to defend against them, short of rewriting all the software and proving the Internet and computer systems are perfectly secure by design.

    14. Re:Discover, or try to discover? by Urinal+Deuce · · Score: 1
      If I spent hours putting in malformed urls, experimenting with SQL injection, XSS stuff, and the logs show it, then maybe you need to look at me a little closer as someone who was specifically trying to breach their security.
      How you find the bug isn't important, it's whether or not you exploited it before you reported. But it's more complex.

      You're right about presuming innocence: if were to you report a vulnerability and they discover it was recently exploited untraceably, you shouldn't be prosecuted. In such a case there would be no proof, and simply being the only suspect isn't good enough.
    15. Re:Discover, or try to discover? by Bender0x7D1 · · Score: 1

      Is this about discovering a vulerability, or trying to discover a vulnerability?

      This seems to be the essence of the law. The federal law uses the word intentionally for a reason. Link to the text of 18 U.S.C. 1030.

      For those who read the legal text remember "damage" could cover a lot of things including log files or time stamps.

      --
      Reading code is like reading the dictionary - you have to read half of it before you can go back and understand it.
    16. Re:Discover, or try to discover? by antic · · Score: 1

      Have a standardised signal in the footer of a website - coloured flags indicate the owner's approach to the issue - one flag might say that they appreciate being notified of any flaws. The absence of a flag could suggest that it's not worth the risk - they'll play a heavy hand out of embarrassment.

      --
      'Thats they exact same thing a banana wrench monkey.'
    17. Re:Discover, or try to discover? by fatphil · · Score: 1

      When something doesn't quite work, don't be tempted to strip the training filename off a URL in the address bar, as that's been proven in the US courts as _hacking_.

      There was fairly high profile case of this - ending in conviction - about 2 years ago IIRC. It was considered to be "unauthorised access to someone else's machine". The defence of "I only issued a GET request - the server quite voluntarily served me the response" didn't wash with the court or the jury.

      It's fucked. If you have brains, leave the US now, before you get arrested for pinging or doing a whois.

      --
      Also FatPhil on SoylentNews, id 863
    18. Re:Discover, or try to discover? by Fred+Ferrigno · · Score: 1

      Computer networks aren't neighborhoods, superhighways, or libraries. They're a series of tubes, obviously.

      (-1, too easy)

      If I go to a website and give it my credit card number, I have no assurance that they aren't doing stupid things with it.
      ...
      That's an interesting question, but there's almost no real-world analog with modern credit card systems that don't have to record the full number. And please, don't try to shoehorn a metaphor onto this. I know you didn't want real-world analogy, but ... you hand your credit card to the waitress at a restaurant. She goes into the back to ring it up. You have no assurance that she isn't doing stupid things with it. She isn't supposed to make a carbon copy of your CC to sell to or be stolen by someone else, either. That's a pretty clear and not-at-all contrived analogy.
    19. Re:Discover, or try to discover? by Pikoro · · Score: 3, Insightful

      I ran across something like this once. I was doing a Google search for some data and caught a link to a NASA website.

      Clicking the link took me to a page that had links to pdf reports, etc. Clicking on one of those took me to a standard apache index page with a list of the contents of the directory.

      After clicking around in there, the source files for a multi-thousand (close to $10,000) cold fusion enterprise CMS system were discovered. Clicking on one of the .cfm files revealed the source, the code was not running. Very obviously, the web server was not configured correctly. After looking around some more, there was a database backup directory with db dumps for the CMS system dating back a couple of years.

      Opening one of those files revealed usernames and passwords (in plain text mind you) for many thousands of nasa employees, scientists, politicians, etc... that had accounts on the CMS.

      Another file contained the software license and key to run said CMS software in it's most expensive form, the Enterprise Ultra edition with unlimited domains and users.

      I sent an email to the server administrator that was listed as being the registered user of the CMS stating that their code, license, and database were out in the open and only *one click* away from a google search. The query I used was basic, simply something like "weather Data" although I can't remember the exact term now. No "Google hacking" involved, and google only returned 4 results. Theirs being #1.

      I never received a reply from NASA, and after about 6 months, the page was not fixed, but the CMS and database backups were finally removed.

      Sometimes, even disclosing a problem to a very public website doesn't generate a response.

      --
      "Freedom in the USA is not the ability to do what you want. It is the ability to stop others from doing what THEY want"
    20. Re:Discover, or try to discover? by falconwolf · · Score: 1

      When something doesn't quite work, don't be tempted to strip the training filename off a URL in the address bar, as that's been proven in the US courts as _hacking_.

      I use, delete the last file or directory from website, all the tyme if I get a 404, File Not Found, message. It makes it easier to find the file if it is still on the server, but the addie has changed, than going to the front page. It's the same suggestion I've been given by professors. If the webmaster or whomever doesn't want people to have accss to a directory all they have to do is block it. As for hacking, if it is to steal or maliciously cause harm it IS NOT HACKING, nor is the person a hacker. They may be a cracker or a script kiddie but they are not a hacker if they don't live up to the hacker ethnic!

      Falcon
    21. Re:Discover, or try to discover? by dosquatch · · Score: 1

      For the second half ... WTF does having, or not having, your credit card # on file apply to this?? It seems a bit spurious to the conversation at hand, and I'll treat it as such. :-P

      Simple - my personal vested interest. Informing you of lax security is as much about protecting my shit as yours. Forget it's a credit card. Say instead we're talking about a consignment shop holding your property, for which you have not been paid, for purposes of sale as a service. If they're robbed, it hurts you as much as them, so you might maybe possibly have some interest in pointing out that they leave the doors open at night. There have been quite a few web vulnerabilities I've seen that were every bit this blatant.

      I realize people figure that white hats should scream really loud so everyone knows the vulerability, [...] Telling about exploits, especially in open forums where people with less honourable intentions might be, isn't necessarily a noble thing. You don't have an obligation to ensure that everyone in the world knows how to open every unsecured lock.

      Maybe not every door, but certainly the ones behind which I trust my personal or private information and possessions to stay mine and/or private. And if you, being in charge of one of those doors, do not respond appropriately when I inform you, I reserve the right to tell others who also rely on that door in order to bring more pressure. And if you still don't respond, I reserve the right to shout it from the rooftops. Why?

      Because if I, who am not specifically looking for a vulnerability, have found such, then I figure it is safe to assume that someone with "less honourable intentions" who specifically IS looking for these vulnerabilities has already found the same with the intention to exploit it, to my detriment.

      The way I look at it, your lack of action leaves you in the happy position of being an accessory, or a party to a conspiracy to commit a crime.

      --
      "Hey, the third matrix movie would have been good except for the plot,story, and acting." --AC
    22. Re:Discover, or try to discover? by Jerf · · Score: 1

      The scale of offense available on the Internet, the abstractness of the attack, the inability to track it down to one person, all of these things differ, plus more I'm just not bothering to type.

      What, you honestly think I've never seen the waitress metaphor? It hardly resembles the Internet at all.

      (In fact, I almost never see an analogy that comes even close to capturing the issues of scale presented by the Internet.)

    23. Re:Discover, or try to discover? by Artifakt · · Score: 1

      I would say if you are going around telling people exactly what they need to do to break into my house, you have the happy fun of being an accessory, or a party to a conspiracy to commit a crime.

      Accessory seems most likely there. You have described at least part of the elements of a conspiracy, but the way conspiracy is defined is usually more than just some one way communication occuring. Party A has to communicate something and Party B acknowledge receiving it, or Party B has to agree to pass some reward back to party A for the communication, or something reciprocal has to be communicated. Warnings:

              a. I'm not a lawyer, and...
              b. I've heard there are some cases (at least some drug distribution cases) where the state apparently got convictions without proving that communication flowed both ways.

      --
      Who is John Cabal?
    24. Re:Discover, or try to discover? by Anonymous Coward · · Score: 0

      I, myself, have experienced a similar situation, in "Real Life".

      When I was in high school, I worked in a coffee shop. We had just upgraded our registers to new touchscreens with attached card readers. The first time I used the system, I noticed that the receipt printers printed out receipts with the whole card number, expiration date, name, AND billing address of the customers. Because the computer stored the info and we tallied up with the cc processor electronically, we only kept the receipts until the end of the day, then threw them away. Everyone who worked there could open the registers, half the employees were authorized to tally receipts, and we left our trash on the public sidewalk.

      I mentioned it to our manager, who said "don't worry, everyone who works here is trustworthy, and who would go through our trash." I mentioned it to the district manager, who said that the cc processing system had "state of art security" - not that they had anything to do with anything, be he couldn't seem to understand the idea of cc # theft.

      Anyway, I harped on this for months, and no one cared. After I ceased working there, I heard some people who worked there mention that they had stolen cc numbers from work and sold them. I don't know if anything came of that, but someone told me years later that the store finally started printing the now commonplace XXXXXX1234 style numbers on receipts.

      The store finally got bought by an international coffee chain. Hopefully, they care more about security, but somehow I doubt it.

      "No good deed goes unpunished."

    25. Re:Discover, or try to discover? by Fred+Ferrigno · · Score: 1
      Uhm. There are websites that have fewer customers than an average restaurant. There are restaurants that have more customers than most websites (eg, McDonald's). A brick-and-motar store using a centralized database for their customer info has practically all of the same problems as an online outfit.

      Beyond that, the issue of scale was not the one you were addressing in the GP. You said, specifically:

      I'll give you one aspect that is not covered by any real-world metaphor, yet is very important: If I go to a website and give it my credit card number, I have no assurance that they aren't doing stupid things with it. They aren't supposed to store it, but many sites, even large ones, have in the past and continue to do so. The waitress example clearly covers that aspect. From my perspective, you were either unaware of it or did not properly consider it in the context of your statement.

      No, Joe's Pizza is not Amazon.com, but isn't that obvious? I don't deny that the situations are different, but there are a lot of similarities, too. I don't see why you are so eager to deny that they're at all similar. If the difference is important to the point you're trying to make, then just say so. (What are you trying to say, anyway?)
    26. Re:Discover, or try to discover? by SolitaryMan · · Score: 1
      A real world example would be, if you get caught outside of a door, trying to pick the lock, and then claim you were trying to ensure their locks were safe, you might get charged bith attempted B&E. You don't get to do a security audit on people's front doors.

      Please, quit comparing real-world security issues to virtual world ones! Just stop it, seriously!

      Look maybe your method of security audit differs from mine, but picking the lock, and checking the website for vulnerability, ain't the same ballpark, ain't the same league, ain't even the same fuckin' sport.

      --
      May Peace Prevail On Earth
    27. Re:Discover, or try to discover? by fatphil · · Score: 1

      In common usage, hacker means what it means to commoners. This is not necessarily the same as the meaning to an elite club of people who use the term their own way.

      I have my own meaning when I use the word to describe myself.
      http://fatphil.org/me/hacker.html

      --
      Also FatPhil on SoylentNews, id 863
    28. Re:Discover, or try to discover? by tehcyder · · Score: 1
      I think laws that rely upon somehow knowing the intent of the person performing an act are pretty poor laws.
      Not necessarily, although they may be harder to enforce.

      For example, if the police find you dressed in a ninja outfit with a sword in your hands outside someone's house, and after subsequent investigation discover that you have been paid $10,000 by the occupant's bitter ex-husband to kill her, do you really think you would or should be let off scott free because you haven't actually managed to murder her?

      I know the Libertarian nutjobs here would say "yes you are innocent, you were exercising your right to dress how you like, carry any weapon you like, be where you like, and accept money from anyone without having to explain it" but in the real world, you'd go down for conspiracy to murder.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    29. Re:Discover, or try to discover? by 99BottlesOfBeerInMyF · · Score: 1

      For example, if the police find you dressed in a ninja outfit with a sword in your hands outside someone's house, and after subsequent investigation discover that you have been paid $10,000 by the occupant's bitter ex-husband to kill her, do you really think you would or should be let off scott free because you haven't actually managed to murder her? I know the Libertarian nutjobs here would say "yes you are innocent, you were exercising your right to dress how you like, carry any weapon you like, be where you like, and accept money from anyone without having to explain it" but in the real world, you'd go down for conspiracy to murder.

      Ahh, but in such an instance the police have proof that you were hired to kill someone and you're being convicted of being hired to kill someone. That is what the conspiracy charge is. You're not being convicted of murdering someone, which you haven't done. To be clear though, I'm not arguing that intent can't be part of a law like manslaughter versus first degree murder, but merely that laws that rely upon such to determine if a law has been broken at all are very poor (and there are a number of them). You go to great pains to describe a scenario, but most of the details are misleading. Suppose I'm dressed in a ninja suit and have a drawn sword and I'm outside at a costume party. Do the police use their psychic powers to determine if I'm a murderer they stopped in the act or simply wearing a costume? What if someone pays me to murder their wife and I'm found outside her house at night without a sword and ninja outfit? Does that make any difference if they already know I was hired to kill her?

      The law needs to deal with observable facts, not guesses about what someone really intended.

    30. Re:Discover, or try to discover? by Myopic · · Score: 1

      If you can determine security vulnerabilities just by looking at the computer, or at a website, then you have a great career ahead of you as a security psychic. On the other hand, if you have to telnet in, or scan ports, or brute force a key or something, then that's a bad analogy to seeing that a window is open.

    31. Re:Discover, or try to discover? by zobier · · Score: 1
      I could just as easily use the analogy, "looking at the windows of houses to see if they are open or unlocked is not a crime, but climbing through a window is."
      While I appreciate your intention here, I'm pretty sure that a Law Enforcement Officer discovering you casing a joint would disagree.
      --
      Me lost me cookie at the disco.
  8. Lack of qualifications ... by Infernal+Device · · Score: 1

    One problem is the lack of qualifications to call oneself a legitimate security researcher. Every two-bit script kiddy hacker in the world is a "security researcher" by the current definition. Unfortunately, many of the current actually-qualified security researchers have some sort of black-hatting in their background, which, to my mind, makes them suspect in the first place.

    It's an issue of trust. If you sit outside the system and make pronouncements, it's difficult to trust what you say. If you break into a system, then it's even more difficult to trust what you say, since, of course, you've been in there, maybe rummaged around, broken who know's what, etc.

    --
    "My God...it's full of trolls!"
    1. Re:Lack of qualifications ... by Intron · · Score: 1

      Which is why the legitimate security professional testing an active website has a letter signed by a company officer allowing them to do so.

      In fact, I plan to send a large number of emails to security professionals hiring them to hack my website and send me a report of what they find.

      -- sincerely,
          Charles Prince
          Chairman & CEO
          citigroup

      --
      Intron: the portion of DNA which expresses nothing useful.
    2. Re:Lack of qualifications ... by Anonymous Coward · · Score: 0

      Who exactly has even suggested you should trust a complete stranger who *hacked* your website? (whether you use the media's meaning or the correct meaning is irrelevant here.)

      If someone "tested" my front door, found the lock "broken" and left me a note on my living room rug. After not taking anything at all...I absolutely wouldn't trust him. But I wouldn't call him a thief unless I found evidence that he'd been interrupted in the act of trying to steal.

      Additionally, NOT remaining anonymous, and handing over a precise accounting from start to finish, when I have reason to believe people can walk by my front door and test it regularly would go some way toward building trust. If I was in anyway inclined to trust said person. What an idea...

    3. Re:Lack of qualifications ... by falconwolf · · Score: 1

      Unfortunately, many of the current actually-qualified security researchers have some sort of black-hatting in their background, which, to my mind, makes them suspect in the first place.

      Would you automatically disqualify Kevin Metnick just because he was a "blackhat hacker"?

      Falcon
    4. Re:Lack of qualifications ... by mackyrae · · Score: 1

      If they were a good black-hatter A) they know what they're doing better than some CEH who learned from a book and doesn't know the newest tricks B) they never got caught anyway. Heck, B is why I know hackers who call Kevin Mitnick "the first moron to get caught."

      --
      look! it's a bird, it's a plane, it's....a girl? yes, a girl browsing Slashdot on Linux
  9. Anonymizers? by tfinniga · · Score: 4, Insightful

    So, this might not be relevant, but once I reported a cross-site scripting to a website by using a web anonymizer to create a hotmail account, sending exactly one message, and then never using the email account again.

    Anonymizer tools have improved since then, especially for combating censorship. Would you be able to use TOR or something similar to report vulnerabilities without exposing your identity?

    --
    Powered by Web3.5 RC 2
    1. Re:Anonymizers? by fishbowl · · Score: 1

      You could just send a US snail mail with no return address. What would be nice, would be an single-blind return receipt.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:Anonymizers? by Anonymous Coward · · Score: 0

      Anonymity is the obvious answer. But his real question is "how can I report a vulnerability safely AND get the credit for discovering it?"

    3. Re:Anonymizers? by tfinniga · · Score: 1

      Well, I guess what kind of credit you're looking for.

      One option would be to use cryptography creatively, so you could authoritatively reveal yourself at any time. However, if you're trying to get a legitimate job from doing something illegal, yeah, that seems like a lost cause.

      I guess it depends on the business model of independent security researchers, which is somewhat of a mystery to me.

      --
      Powered by Web3.5 RC 2
    4. Re:Anonymizers? by Beryllium+Sphere(tm) · · Score: 1

      The banner that appears when you start TOR says it's experimental software and that you shouldn't rely on it for strong anonymity.

    5. Re:Anonymizers? by Anonymous Coward · · Score: 0

      That's because if you did, and it didn't work, you could sue them.

    6. Re:Anonymizers? by whoppers · · Score: 1

      Just spam your favorite irc channels with the address and vulnerability info. Should help bring the problem to the attention of the site owner.

  10. Re: No good deed goes unpunished by nadamsieee · · Score: 2, Informative

    In the interest of full disclosure, Clare Boothe Luce said that. :)

  11. So don't. by loraksus · · Score: 1

    Sooner or later, they will learn that they need to secure their site after they get hacked, used for a warez dump and find out that they have to pay (literally) for using 8x the bandwidth they paid in advance for.
    Expensive lesson usually means lesson learned.

    Why are we supposed to help the stupid? Let them continue doing stupid things until they get pwnt and it costs them their business.

    --
    1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    1. Re:So don't. by haddieman · · Score: 2, Insightful

      Why are we supposed to help the stupid? Let them continue doing stupid things until they get pwnt and it costs them their business.

      Making mistakes != being stupid. If someone found a vulnerability in your site wouldn't you want them to let you know about it? On the other hand, if you had already been warned about this vulnerability and done nothing about it then yes, that would be very stupid.

    2. Re:So don't. by businessnerd · · Score: 1

      How about if this is a business that affects your life in some way? For instance, what if the New York Stock Exchange had a vulnerability it didn't know about, but you do (not gonna ask how you found it)? Now think about what could happen if the NYSE got hacked. Worst case scenario, the US economy collapses. Now how does this affect you? Well, your job could be in jeaopardy, hyper-inflation could make the cost of living to sky rocket. Happy times are not in the cards for you. This is a pretty extreme example, but still, it's something to think about.

      A less extreme example could involve the bank that you use. But maybe it's not just your bank, but it affects almost every bank. It's not longer a matter of switching banks, and your money is at stake.

      --
      "It's not whether you win or lose, it's how drunk you get." -- H. J. Simpson
    3. Re:So don't. by Anonymous Coward · · Score: 0

      "Why are we supposed to help the stupid?"

      Because those hacked sites are now hammering MY server 24/7.

    4. Re:So don't. by DamnStupidElf · · Score: 1

      Why are we supposed to help the stupid? Let them continue doing stupid things until they get pwnt and it costs them their business.

      1. They're on the same Internet we are, flooding the common bandwidth with worms and spam.
      2. We may have to actually do business with them (banks, government sites, etc.)
      3. It can be very interesting and rewarding to find vulnerabilities. It improves one's ability to create secure code.

  12. It should be handled like every other related act by MikeRT · · Score: 2, Insightful

    It should depend on how you do it, and why you do it. If you do it with good faith intentions, it should be considered a good samaritan work. If they have not touched it after a while, you should be able to reveal its existence.

  13. There is one way... by fishbowl · · Score: 0, Redundant

    "There is no way to report a vulnerability safely."

    --
    -fb Everything not expressly forbidden is now mandatory.
    1. Re:There is one way... by fishbowl · · Score: 1

      Oops. Stupid preview/submit buttons.

      So there are ways to report vulnerabilities safely:

      1. Do it completely anonymously. Not only shouldn't you try to take credit for the discovery, but you should do it in such a way that you are completely disassociated with the report, personally. Have the report made by a person in your corporation or organization who has a PR/spokesperson role. Or have your attorney make the report.

      2. Make the report as the person responsible for security on that system. (Being the target of litigation for doing something that is literally in your job description ought to be very lucrative when you countersue and win.)

      But don't just make the report with your name on it, at random. Obviously that may not work out the way you'd like.

      --
      -fb Everything not expressly forbidden is now mandatory.
  14. Easy by Anonymous Coward · · Score: 0

    If the intent is malice, then it's wrong.

    If a vuln. is disclosed on a major site, and there is proof that the finder of the vulnerability took reasonable steps to report it to the operator .. then I don't see why a vuln can't be disclosed.

    Because that would simply be informing the public that website is insecure. Real World example, if security guards from a security contracting company were always sleeping on the job .. you'd want the right to tell your friends about it .. correct. I should have the right to tell my friends anything that may protect them from harm.

    Second, maliciously probing a site with the expressed purpose of finding a vulnerability should be treated the same as someone trying to break into some place. However, genuinely accidentally (via a typo or something) stumbling upon an issue should not be prosecutable. There is a gray line with this of course, because sometimes acting on moderate curiosity should not be frowned upon.

  15. What's the problem? by gravesb · · Score: 3, Interesting

    What's the problem with sending info to a webmaster? And what's the point of doing anything else? If you post it publicly, you've created a race condition between script kiddies and the site admin, and should be punished. If you send it to the webmaster, you are doing a service, and shouldn't be punished. As long as you don't exploit it, you should be ok.

    --
    http://bgcommonsense.blogspot.com
    1. Re:What's the problem? by fractalus · · Score: 4, Insightful

      Simple: sometimes such information gets lost, or doesn't get acted on, and the bug persists. That bug could be exposing thousands (or hundreds of thousands) of users of that site to risks they're not aware of. If one person found it, another surely can, so it's a reasonable assumption that someone else other than the site owner could know about the bug and be exploiting it for personal gain. At that point, being aware of the bug but not informing the users is allowing them to be exposed to unnecessary risk. Businesses are often reluctant or slow to fix problems because they assume nobody knows about them or they're costly to fix (just like auto companies hate to have to recall cars to fix problems). Sometimes, the only way to get the problem fixed is to announce it publicly and give the company a bit of a black eye.

      --
      People are never as simple as their stereotypes. This applies equally to Christians, Muslims, and Emacs-lovers.
    2. Re:What's the problem? by Jussi+K.+Kojootti · · Score: 3, Informative

      That may be a race, but a race condition is something else...

    3. Re:What's the problem? by linuxmop · · Score: 1

      You assume too much. Consider:

      1. Script kiddies may already know about the vulnerability. There is no reason to believe that you are the first to discover the exploit.

      2. The webmaster might not fix the issue before harm is done to the users. If the script kiddies already know about the vulnerability, they will likely exploit it before the webmaster has time to react.

      As a user, I want to know immediately when a vulnerability is discovered. It gives me an opportunity to stop doing business with a website before my credit card number is stolen. It also gives me the opportunity to double-check credit card statements and the like; if a security hole is covered up, I may never notice the $200 charge.

      Since we can never be sure who knows about a vulnerability, it is best to let the users know about it as soon as possible.

    4. Re:What's the problem? by grege222 · · Score: 1

      While I think that works in theory, what somebody else independently discovers the same vulnerability you reported and exploits it. How do they know that you did not exploit it? If reporting it was all that was needed to remove your name from the list of suspects taking advantage of an exploit, wouldn't all blackhats report their vulnerabilities after exploiting?

    5. Re:What's the problem? by gravesb · · Score: 1

      Reporting it shouldn't remove you from a list of suspects if an exploit is attacked. The proper forensics should be done if there is attack. However, merely reporting it shouldn't get you in trouble.

      --
      http://bgcommonsense.blogspot.com
    6. Re:What's the problem? by fizbin · · Score: 1

      That's a nice universe you have there with your "should" space.

      It's true, reporting a vulnerability shouldn't in some sense make police look at you more closely if some other vulnerability on that same site later causes it to be breached. However, it does. Some people really don't like extra police attention even if they are "quickly cleared" as in the case in the article.

    7. Re:What's the problem? by Anonymous Coward · · Score: 0

      The webmaster or his boss or his lawyer decides it "makes sense" (to cover their asses) to sue you. Police will come and confiscate all your equipment practically for ever.

      I'd rather be total asshole who creates havoc to the admin in question than let my computer be confiscated. No offense.

    8. Re:What's the problem? by hey! · · Score: 1

      I think the point is that you shouldn't volunteer, unasked, to do penetration testing.

      If you stumble on a problem (e.g. somebody posted an example where they discovered a SQL injection vulnerability by entering post with a "'" in it), that's one thing. You are just using the site, and stumble over a vulnerability through normal use, there should be no harm or risk in reporting it.

      If you go digging around in a production system, you _will_ uncover sensitive and private information if you succeed. That's what gets people freaked out. You have no right to see that information. Furthermore, if you were a black hat, you could readily claim to be doing volunteer white hat work if you are caught.

      The geek's first reaction on seeing a doorknob is to twist it to see if it is properly locked. It's a perfectly harmless and natural impulse. From the perspective of the people on the other side of the door, they can't tell whether it's a friendly or a hostile twist. And even in the friendly case, they may not want you poking around in their house.

      So, if you feel you must, get permission first.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  16. vulnerability disclosure: how much is too much? by rabblerouzer · · Score: 3, Informative

    Some interesting comments from Bruce Schneier and Marcus Ranum (and Microsoft too) on the debate. http://www2.csoonline.com/exclusives/column.html?C ID=28088

  17. It is a little different by gelfling · · Score: 2, Insightful

    It's more like advertising that given brand and implementation of a lock is faulty. It may or may not impinge on you but in either case it's general enough to be of benefit to people besides you. Would you like to know that every model of the car you own happens to accidently use the same key? I would.

    1. Re:It is a little different by C_L_Lk · · Score: 1

      I'll bite on this one. All Arctic Cat snowmobiles made between 1996 and 2000 use the same key. Use this information carefully and wisely. Hopefully no one minds my sharing that information.

  18. Report it anonymously... by ZwJGR · · Score: 1

    If you want to report a bug, and your not sure if it'll go down well with the fat cats at the top, post it anonymously.
    Anyone who is clever enough to find a bug ought to be clever enough to notify those who should be informed without leaving oobvious traces as to who they are.
    You can't be sued if you don't exist...
    That doesn't stop people trying though...

    --
    There is no psychiatrist in the world like a puppy licking your face - Ben Williams
  19. damn litigious assholes by pestilence669 · · Score: 1

    If disclosure of vulnerabilities stops, exploits will still occur... only no one will know how they work or how to stop them. yeah, this is progress.

  20. Similar by sven_kirk · · Score: 1

    I had a similar experience. I was doing some research on a cell phone that I was going to purchase. I wandered onto a poorly written blog/website. He was a "professional" webmaster. He had random screen shots posted up on his site. He had a webmail service that he ran. Had user names, real names, AND passwords all in one pic. Not to mention he had a few sensitive cell phone network plans unsecured. Scary

  21. Finally! by Rob+T+Firefly · · Score: 1

    Armed with this fair and just legal precedent, we can finally put all those scheming hoodlums from Bugtraq in Federal PMITA Prison where they belong.

  22. stupid question by Anonymous Coward · · Score: 0

    i can't believe people actually ask such IDIOTIC questions.
    offcourse it's illegal.
    if you don't report it anonymously ONLY TO THE OWNER OF THE SITE and instead do it publicly you should be arrested and locked up with no questions asked.
    in fact i'd consider doing the same even if you did it anonymously if the owner didn't actually ask you to find bugs on the site.

    every thing has bugs.exploiting them doesn't take a genius.

  23. It's been ok for me by nicpottier · · Score: 4, Interesting


    A few years ago I was renewing my car tabs on the WA state's site and they had a box for 'donations to DOT' or somesuch. For kicks I tried putting in a negative value, and sure enough it reflected the total for my tabs as less. I went ahead and submitted things with a dollar taken off the value, just to see if it would actually go through. Sure enough, a week later I received my tabs, and the mathematically correct but embarrassing negative donation on my receipt.

    I ended up calling them and letting them know about the bug. They were nice about it, and the next year at least it was fixed.

    -Nic

    1. Re:It's been ok for me by Jeff1946 · · Score: 1

      This would be a great example for a software class to show why it is important to think what the result would be if someone inputs an unexpected value, etc. I also remember hearing about where people would deliberately overpay a utility bill by 1 cent so the company would end up spending a stamp to send them a check for the over payment. In the above example I would bet the charity fund (clean water, whatever) got a dollar less.

  24. There's two types of people in the world.... by QuantumG · · Score: 1, Insightful

    those that ask *best whiny voice* "Is it ok if I do this? Will I get arrested? Is it illegal to do this?"
    and those that proudly proclaim "I am doing this and no-one can stop me. If you think you can arrest me for this, YOU ARE WRONG."

    The first kind of people contribute nothing to our freedoms. They are crippled by uncertainty and their annoying whining makes people think that, hey, maybe there is something to fear. The second kind of people challenge the norms and make that which was uncertain clearly not illegal. Hey, if they can get away with it, maybe I can too!

    So my advice: stop whining and grow a backbone.

    --
    How we know is more important than what we know.
    1. Re:There's two types of people in the world.... by Anonymous Coward · · Score: 0

      Interesting. I didn't know you could find a geek redneck. But there you go.

    2. Re:There's two types of people in the world.... by gad_zuki! · · Score: 1
      >The first kind of people contribute nothing to our freedoms. They are crippled by uncertainty and their annoying whining makes people think that, hey, maybe there is something to fear. The second kind of people challenge the norms and make that which was uncertain clearly not illegal.

      Youre advocating vigilantism. The history of vigilantism proves your narrow assumption about 'badasses' very wrong.
      American vigilantism arose in the Deep South and Old West during the 1700s when, in the absence of a formal criminal justice system, certain volunteer associations (called vigilance committees) got together to blacklist, harass, banish, "tar and feather," flog, mutilate, torture, or kill people who were perceived as threats to their communities, families, or privileges (Karmen 1968). By the late 1700s, these committees became known as lynch mobs because almost all the time, the punishment handed out was a summary execution by hanging. In some states, like South Carolina, these mobs had exotic names like the Regulators. During the 1800's, most American towns with seaports had vigilante groups that worked to identify and punish suspected thieves, alcoholics, and gamblers among recently arrived immigrants. The state of Montana, however, holds the record for the bloodiest vigilante movement from 1863 to 1865 when hundreds of suspected horse thieves were rounded up and killed in massive mob action. Texas, Montana, California, and the Deep South, especially the city of New Orleans, were hotbeds of vigilante activity in American history.
    3. Re:There's two types of people in the world.... by QuantumG · · Score: 1

      Right, yes, that's a logical conclusion that one. People who are not feared by uncertainty and instead stand up to be counted, those people are vigilantes. Black people sitting at the front of the bus? Damn vigilantes.

      --
      How we know is more important than what we know.
    4. Re:There's two types of people in the world.... by QuantumG · · Score: 1

      If you think I'm a redneck, you haven't met my good friend.

      --
      How we know is more important than what we know.
    5. Re:There's two types of people in the world.... by CaffeineAddict2001 · · Score: 1

      There's a third kind: The thoughtful person. They realize that there *IS* something to fear, that society is something you need to treat with respect and that you need to plan accordingly.

      Think about this: Would anybody care about Rosa Parks if she wasn't a little old lady? How many hundreds of black men tried the same thing and only ended up in prison?

      You need more than just a backbone.

    6. Re:There's two types of people in the world.... by QuantumG · · Score: 1

      Yeah, the third kind is this freakin' "middle way" of wishy washy compromise. I'm not a fan. If you think you have a right to do something, do it. If no-one cares, great you set a precedent that others can follow. If someone makes a stink fight. Don't ask permission, and don't go "testing the water" by half doing it. These middle way people, they only get half the job done and end up making it worse for everyone else because they go in timidly, and back off as soon as they hit resistance.

      --
      How we know is more important than what we know.
    7. Re:There's two types of people in the world.... by gad_zuki! · · Score: 1

      No the problem is that you are advocating any rule breaking as being a good thing. This is historically untrue. On occasion this kind of thing is helpful, like with civil disobedience for a moral cause, but it certainly is not true generally. Generally, the actions of 'we know better' hotheads is almost always morally wrong and morality is not this simplistic and narrow 'badasses' vs 'sheep' dichotomy you describe.

    8. Re:There's two types of people in the world.... by QuantumG · · Score: 1

      Dude, do you even *read* my comment before you reply? Jesus. We're talking about a situation where people don't know if the action is illegal or not. There's no rules being broken here. We're talking about a situation where people think it should be ok to report security vulnerabilities but they fear they may get in trouble for it. You're talking about something completely different. Try to keep up with the rest of us.

      --
      How we know is more important than what we know.
    9. Re:There's two types of people in the world.... by LordLucless · · Score: 1

      And you're saying they shouldn't bother finding out if it's right or wrong, they should do it anyway and see what happens. While that might be correct in the given context, it's asinine to suggest that it's valid to generalize it. What you're saying is that in any situation with any moral ambiguity, you shouldn't sit down and figure out what the morality actually is; that's for sheep. You should just go ahead and do it, and wait and see if anyone arrests you.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    10. Re:There's two types of people in the world.... by Anonymous Coward · · Score: 0

      I think he's saying that rather than sit around begging permission and looking guilty some of us refuse to take the crap that companies, employers and "law enforcement" organizations continually try to dish out. None of them know the damn laws any better than you or I. Police need to least of all; they lie about the law to civilians constantly, and *that*, oddly enough isn't illegal. In states where open carry is legal without a permit, police will often hassle people who carry openly. If you are a weenie they'll bully you all day. If you refuse to even engage them in conversation and merely ask "Am I under arrest? Am I being detained? ... Then I assume I am free to go?" the conversation lasts about thirty seconds and they end up looking like idiots. Know your rights, exercise your rights, or they'll go away in spirit or in letter, and eventually both.

    11. Re:There's two types of people in the world.... by LordLucless · · Score: 1

      I agree with what you say, but if that's what the OP intended to say, he phrased it poorly.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    12. Re:There's two types of people in the world.... by QuantumG · · Score: 1

      Yeah, I give up on you. I *specifically* said that if you have "figured out what the morality actually is" when I said if you believe you are right. The AC did a better job than me dealing with your lack of reading comprehension skills. So just forget I said anything ok?

      --
      How we know is more important than what we know.
  25. Look who will argue, write and advocate the law. by Protonk · · Score: 3, Insightful
    this is an issue that simply must not be decided by the people whom it has been entrusted to. In this case, the vested interests that will lobby congress, pay for legal teams, and write friend of the court briefs are not the whisleblowers and the security researchers. There are HUGE industries where the economic incentive is to ignore problems, rely on obscurity for security, and prosecute those who would expose vulnerabilities.

    Each time an exploit comes out, the pattern is the same. the company doesn't announce it, anti-virus makers are either paid off (as in 'approved' spyware and/or rootkits) or not kept informed, and once the story breaks, the public relations machine starts. The researcher is vilified as a hacker, the problem is denied or minimized, and the prospect of a patch is left moot because this would require accepting that a huge problem exists. Most of us scream that this is ridiculous, companies should tell everyone when an exploit shows up, and patch it as soon as possible. More to the point, they should expose their source code to scrutiny in order to better provide services to their customers.

    Are you sitting down? good. They won't and they don't care. The first rule in the PR handbook is to deny and put off realization. If the big front is that there isn't a problem, or that a crack of a voting machine can only be done in a lab, and months down the road, the company quietly sues the researcher or releases a patch, they win. People have a limited attention span and fatigue quickly in the face of fear and hysteria. As long as your company's admission of guilt comes well after the original problem, or not at all, people are happy.

    With this in mind, let's look at the law. thankfully, whistleblowers have some protection, and some internal voices about code might not be silenced, especially if the review takes place within the judicial system, and not through a new law. Of course, corporate secrecy, as in the case of Apple and HP, is pretty extreme, and most employees wouldn't risk the civil consequences of voicing a problem that doesn't rise to the level of a public safety hazard.

    Outside researchers are in more and more trouble, and this really only leads to problems for the customer base as a whole. We rely on sites like MOAB to shame companies into action. We also rely on OSS competition in order to make products like IE better--Firefox gives an economic incentive to Microsoft to improve their product, otherwise, security development would have languished.

    Very few analogues exist in the places where this is critically important: commercial and banking software. CITIbank suffers a classbreak and doesn't bother informing their customers. Security conscious customers can voice their discontent and move to another bank, but we have to trust that the new bank is as averse to security breaches as we are. For the rest of the millions of customers, security will not improve. Since identity theft costs are largely borne by the customers, the banks don't care. because the banks don't care, it is much easier, and better in their eyes, to make publishing voulnerabilities like this one illegal and trust that their customers will never be the wiser.

    check out this article:
    [PDF] Why information security is hard

  26. "There is no way to report a vulnerability safely. by iminplaya · · Score: 1

    "
    No? Does the word anonymous ring a bell?

    --
    What?
  27. It may not be illegal... by gillbates · · Score: 2, Insightful

    But then, it's not your business, either.

    Should you discover a security vulnerability, the correct response is to forget it. Here's why:

    • No one likes the bearer of bad news - not the website owner, not the vendor who sold the software, not the consultant who coded the website. They have lawyers; their interest is in making money, not necessarily in creating secure software. Keep this in mind. If they can find a cause for libel, they will. If they can deflect blame (stupid hackers are at it again!), they will.
    • Why would you expose yourself to potential legal problems, especially considering that you aren't getting paid for your efforts
    • If they were truly concerned about security, they would have hired an audit firm.
    • Getting hacked is perhaps the best teaching experience regarding security. Let another hacker expose their vulnerability in a way they can't deny. Then they will take security seriously.
    • Do the security industry a favor: why would anyone hire a security specialist when good samaritans on the internet (aka whitehats) will audit their website for free? Don't undermine your fellow workers.
    • No one has ever been brought to trial or sued for failure to disclose a security vulnerability. You stand nothing to lose by quietly taking your business elsewhere; let the company figure out that the public wants secure web sites.

    Naturally, we might feel a sense of duty to help someone out - if they have an exposed security flaw, we naturally want to help them. But first consider how it will be received. Most companies would rather produce software with publicly unknown flaws than to produce perfect software, websites, etc... at a much higher cost.

    And, if you feel that the website owner would appreciate knowing, you might at least disclose it from an anonymous email address.

    --
    The society for a thought-free internet welcomes you.
    1. Re:It may not be illegal... by Evardsson · · Score: 3, Insightful
      Hmmm, to answer point by point:
      • No one likes the bearer of bad news - not the website owner, not the vendor who sold the software, not the consultant who coded the website. They have lawyers; their interest is in making money, not necessarily in creating secure software. Keep this in mind. If they can find a cause for libel, they will. If they can deflect blame (stupid hackers are at it again!), they will.
        As a website owner, and admin of several sites, yes I do want to know and while no one likes bad news, I would rather hear it from a "good samaritan" than find out after my site was hacked.
      • Why would you expose yourself to potential legal problems, especially considering that you aren't getting paid for your efforts
        Because I would truly appreciate it if others would do the same kind service.
      • If they were truly concerned about security, they would have hired an audit firm.
        Not everyone can afford an audit firm. Also, there are things that security auditors miss as well. Any security "expert" who tries to tell you they will find every possible edge-case scenario is a liar and not to be trusted any more than the programmer that claims his or her software is 100% bug-free.
      • Getting hacked is perhaps the best teaching experience regarding security. Let another hacker expose their vulnerability in a way they can't deny. Then they will take security seriously.
        Yes, getting hacked is a valuable learning tool, but also an incredibly expensive one.
      • Do the security industry a favor: why would anyone hire a security specialist when good samaritans on the internet (aka whitehats) will audit their website for free? Don't undermine your fellow workers.
        Do you really think that anonymous tips could ever shut down the digital security industry? This is a straw-man argument and not worth any more time.
      • No one has ever been brought to trial or sued for failure to disclose a security vulnerability. You stand nothing to lose by quietly taking your business elsewhere; let the company figure out that the public wants secure web sites.
        Okay, so doing nothing means that you won't get into trouble. And yes, if a site has vulnerabilities that are not remedied you are probably right to take your business elsewhere. But I see this as akin to driving past a burning building and not calling the fire department. "Let it burn, it's not my problem." Did you stop to think about all the users of the site who don't know about the security issues? Perhaps your dear aunt Ethel whose entire stock portfolio is about to be stolen by the hackers who come after you and discover the same flaw.
      In the end it comes down to "What is the right thing to do?" If you really don't care then it's a non-issue, but if you do care about trying to make the net a better place an anonymous tip is at least the decent thing to do, at least until someone figures out how to produce perfect software and websites.
      --
      Death looks every man in the face. All any man can do is look back and smile. - Marcus Aurelius
    2. Re:It may not be illegal... by gillbates · · Score: 1

      While it may be the right thing to do, and I certainly respect your wishes concerning your own website, the unfortunate reality is that business has created a climate of fear and uncertainty surrounding disclosure. Thus, your website may get hacked because some good samaritan is afraid of disclosing a vulnerability with your website.

      People are risk averse, and disclosing bugs carries a lot of risk with it. If you desire reporting of security vulnerabilities, you should state so, in unambiguous language, on your website.

      And I feel for the innocent people who may bear the brunt of security vulnerabilities, but I must add one thing: Liability is big business. It won't be long before companies are held liable for inability to secure a website, rather than mere due diligence. If Florida can sue the tobacco industry and win, then certainly a company that inadvertently discloses names and SSN's could be held liable for the identity theft that occurs when they get hacked.

      --
      The society for a thought-free internet welcomes you.
    3. Re:It may not be illegal... by Evardsson · · Score: 1

      Good points, all. And it does make me sad that this is where we seem to be heading. In the end it may all come down to total ownership and control by the insurance companies, which will have every commercial website owner by the short hairs paying into an "Internet Malpractice Insurance" which will eventually drive the costs for running an online business up to the point where it is no longer feasible for anyone except the major corporations and the independently wealthy.

      --
      Death looks every man in the face. All any man can do is look back and smile. - Marcus Aurelius
    4. Re:It may not be illegal... by Anonymous Coward · · Score: 0

      If they were truly concerned about security, they would have hired an audit firm.

      Or they would have made their code base open source, I'm speaking from personal experience here. We opened up our source, one of our clients got their IT staff to look at our code line-by-line (which was a monumental task, I actually felt bad for them) and then they hired a security firm to finish up the audit and prioritize the flaws.

      There is a lesson here, if you want to help out, and/or if you want credit where credit is due, go look at the open source projects and ignore all the rest.

    5. Re:It may not be illegal... by Anonymous Coward · · Score: 0

      Problem is that after consulting your boss and your lawyer you will want to sue, "just in case". You cannot lose anything by suing, but you can lose a lot by not suing (somebody is suing you because you did not "do everything possible").

      This makes all your points totally irrelevant, because it means I will not contact you in any way. I will contact (anonymously) bugtrac, or like. Otherwise, as pointed out, bug will not be corrected, and as you point out I "must" think about other users.

      Yes, it will make your professional life a living hell, but you are paid for it.

      You see, if I told you, you would sue and police would confiscate my computer (and everything else) making my personal life a living hell.

      I'd rather be 100% asshole than lose my computer forever.

  28. vulnerability disclosure by a149 · · Score: 1

    Like others, Meunier ended up with a "don't tell" policy...these sorts of happenings bode ill for all of us, all of whom have information vulnerabilities in more ways/places than we care to think about.

  29. How to safely report a vulnerability by knifeyspooney · · Score: 1

    Step one: Access the internet where you're practically untraceable, such as at an internet cafe or with an AnonDSL account.

    Step two: Open and use an anonymous e-mail account.

    Step three: Report the vulnerability.

  30. So tonight... by Osrin · · Score: 1

    ... I intend to smash a window in the back of my neighbours house, then stick a postit note on his front door letting him know that I have discovered a potential problem with his home security.

    1. Re:So tonight... by sameeer · · Score: 2, Insightful

      there is a difference in smashing the window, and being smart enough to observe that he's left his window open. then leaving a post-it (not visible to the public) that the window is open, and to close it.

      smashing the window means you've actually made the system more vulnerable than it was, which is not the case in this argument.

    2. Re:So tonight... by CKW · · Score: 1

      It's more like you noticed that his side door is off the hinges, and you're going to tell him about it.

      But 2 years latter you notice that it's still off the hinges, and your cousin rents the basement apartment and you're worried about her safety - so you post a message on the community bulletin board to embarass him into fixing the door (the fucking cheapskate - putting your cousin at risk just because he's too fucking cheap to fix the broken door).

  31. Researchers by burnunit0 · · Score: 1

    What is the framework of the researchers in question? If a person is an academic studying the field of network security or whatnot, they can probably give a reasonable justification for doing this sort of snooping as research. If I were advising a person in that position, I'd suggest to them maybe asking permission first-- how hard is it to write a letter to another university and inform them that you are a student who is going to look for (but not break/exploit) security flaws, then report them in the course of reporting your research to your own university.

    OTOH if you're a private security firm I think you absolutely must request permission from the owner of a potentially insecure network, otherwise you're just a squeegee guy at the stoplight, only you know, with data.

    But if you're in the wild, and you're just "trying the locks" hoping they'll snap open, you're on your own. And God have mercy on your soul. How's that different from walking through your neighborhood jiggling doorknobs? It's very easy for a person to fix their neighbor's unlocked-door-problem, if they have an old fashioned door that can be hand locked and closed. Well in the neighbor's house analogy, the law doesn't give a crap if you lock the door behind you and don't touch anything, you're still technically guilty of B&E. Yes, you could get away with it because you can at least do the favor of locking it and choosing not to touch anything. But what if they have a deadbolt? The only way to fix that problem is to let them know so they can use the key or lock it from the inside, but the route to making the discovery that their house is unlocked is already covered by the B&E law.

    Network security is all deadbolts, right? You can't quite lock the door behind you (fix their code) if you find an exploit. If you get in, even if you don't take anything, you're breaking and entering. In that case, if you publish the fact you got in by active means, you're taking a grave risk--maybe if you could somehow demonstrate that you "just found it," then maybe you can expect to get away with reporting it. But if the only way to find it is to be actively looking, the risk is yours as well, since if you know so dang much about network security, you probably should know they're not using the old knob-based locks anymore. Are they? I don't know from network security, but I know you can't wander around fiddling with locks on houses, many of which don't contain nearly half the sensitive info that computers do.

    --
    yes. that's all I'm going to say in all comments from now on.
  32. It's really about being a vigilante by EmbeddedJanitor · · Score: 1

    People who actively go out searching & snooping are being vigilantes (rather than "concerned citizens" who just happen to notice something and report it).

    --
    Engineering is the art of compromise.
  33. Getting your vulnerability published... by Anonymous Coward · · Score: 0

    ...is a suitable punishment for putting it there in the first place.

  34. Re:"There is no way to report a vulnerability safe by Vexorian · · Score: 1

    And it is also getting harder and harder to do stuff anonimously... Governments are even planning to forbid anonimous usage of the web.

    --

    Copyright infringement is "piracy" in the same way DRM is "consumer rape"
  35. Hey Buddy! by JoshDM · · Score: 1

    Your fly is open.

    1. Re:Hey Buddy! by sameeer · · Score: 1

      hehe, thanks for not exploiting my vulnerability.

  36. Terms of Use by Anonymous Coward · · Score: 0
    IMO that depends on the Terms & Conditions for the particular site. In most cases they outline the "legal" uses, and probably the "illegal" ones, warning you that you might get sued.

    Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation:

    * accessing data not intended for such user or logging into a server or account which the user is not authorized to access
    * attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
    * attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mail bombing" or "crashing"
    * sending unsolicited e-mail, including promotions and/or advertising of products or services
    * forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting

    Violations of system or network security may result in civil or criminal liability.
  37. Pay the price by madsheep · · Score: 1, Insightful

    As someone who researches vulnerabilities and does IT Security for a living I do not find this too hard of an issue to deal with. If you are poking around someone else's website to look for a vulnerability, flaw, or bug, then you should be prepared to deal with the consequences. It is your choice whether or not to start testing for various things that could lead to a SQL injection, XSS issue, directory traversal, authentication bypass, file inclusion, or whatever the vulnerability or issue might be. If the site happens to be running some free or commercially available software, guess what you can do? Get a copy of it yourself and test it. Alternatively, guess what else you can do? GET PERMISSION. If you aren't authorized to start snooping then you deserve to be punished, embarassed, prosecuted, and smacked down.

    I did vulnerability research on server at my university when I was starting out. I went out and got authorization to do so. In most instances they have a test/dev server they permitted me to test on. I published these vulnerabilities in the form of an advisory publicly after contacting the vendors. You do not have the right to decide to do whatever else you want on someone else's website.

    Should you be allowed to try and steal stuff from a store just to see if they're vulnerable to being robbed? Can you break into that same store to see if your sledge hammer breaks their glass? What if you were doing all this just to show them it could be done and not to rob/harm them? So what.. your ass is getting arrested. I think this is the same point posts above had made and it is 100% valid.

  38. Security by obscurity does not work by Opportunist · · Score: 1

    NOT exposing an insecurity in any application only helps the true criminals. Or does anyone here (or anywhere) doubt that this information is readily available to those that cause the real harm, those that hack for profit?

    An insecure webserver is becoming one of the cornerstones of phishing attacks. Today, ISPs routinely block access to those servers the attackers setup in some countries that have more pressing problems than finding criminals that do damage in other countries. We can't grab those servers, but at least ISPs are becoming more and more helpful in shutting down the routes to those servers.

    This is impossible with "legit" servers. In other words, insecure web servers are becoming the cornerstones of very profitable attacks. And those attackers routinely use and have 0day exploits avilable to them. Does anyone think they rely on published security holes?

    If there is one group who would benefit from obscured security holes, it's the true criminals. Because web admins would not even know what hits them. They don't have access to the information.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  39. Don't be a fool by Anonymous Coward · · Score: 0

    Do you personally gain anything from disclosing a vulnerability? No. And no matter how stupid it is, the reality is, you can be criminally prosecuted for disclosing it, no matter how you choose to do it. You risk hundreds of thousands of dollars in legal bills and a conviction.

    This is like a bet. If someone offered to make a bet with you, "if you win, you don't get anything. If you lose, I will amputate your left arm." Would you take that bet? Probably not, and when you disclose a vulnerability, that's the bet you're taking.

  40. Re:It should be handled like every other related a by westlake · · Score: 1
    If you do it with good faith intentions, it should be considered a good Samaritan work.

    "The road to hell" and all that.

    No can be compelled to believe in your good intentions.

    Your actions were disruptive, possibly hostile, and that is all anyone will ever need or want to know.

  41. Opposite Effect by sameeer · · Score: 1

    I think this kind of hounding of people not only not deter others, but leads to more exploitation of such vulnerabilities.

    Assume someone comes across such a vulnerability, maybe by accident, maybe deliberately. Now if he doesn't intend to exploit it, there are two choices for him. 1) contact the sysadmin/company and explain what he did, and how it can lead to problems, in which case he'll be prosecuted, or 2) do nothing about it. Now the second option is not really a realistic one, chances are he's going to be posting the info somewhere online, or might be tempted to exploit it himself, knowing every waking day of his life that there's this door he can walk-in.

    For people who give the argument that he shouldn't be snooping around in the first place, and that its same as someone checking the locks in my house. No its not same. There is no educational value in checking random locks. There is nothing to learn, and no motive other than ulterior. So if someone is snooping around in my house, its almost always for the wrong reasons, which is not the case online.

    This kind of behavior from people making these laws is caused by laziness. They know if they come up with these stricter laws, they will be able to save on the implementation, i.e. save on proving whether someone intended to exploit or not. But by trying to save on the complicated court proceedings, they create a law which labels even the innocent as guilty.

  42. If you found an unlocked door at an airport by Beryllium+Sphere(tm) · · Score: 3, Informative

    Funny you should mention that. Just this year, a woman looking for her wallet pushed open a door to a parked airplane at Newark. An alarm went off. Nobody paid any attention. She was alone on the airplane for several minutes checking around the seat for her wallet.

  43. The long term influence by houghi · · Score: 2, Interesting

    I once found childporn and told both the hostmaster and the police. After several days nothing had been done, so I went to the press. Right when it came out, the site went down. Good for me?

    he police was after me because of:
    1) Falcifying my identity, because I gave a fake adress on gmx.net
    2) spreading of chldporn, because I replied to a Usenetmessage with the URL still in it
    3) Obstruction of a police investigation. Because there was an investigation going on.

    I never got a reply from the webmaster, because he apparently was not allowed to do anything, nor remove the site, because the police was investigating it already.
    I never got a reply from the police, because their mailserver was down
    I was able to explain to them what I did.
    I had a very understanding boss, which was the one where I posted from and whom they told they needed the person posting because of a child-porn related crime investigation. At other places I might have lost my job.

    It goes without saying that that sighting of childporn must have been a fluke. I have not ever seen any childporn or any other illegal activity on the Internet.

    To sum it up: if diclosing web vulnerabilities is outlawed, only outlaws will disclose web vulnerabilities. Oh , and they don't.

    --
    Don't fight for your country, if your country does not fight for you.
  44. real world example by cliveholloway · · Score: 1

    Yesterday, I was on a site with URLs of the form:

    http://domain.com/showpage.cgi?/pages/index.html

    I wondered if the path was being untainted, so I tried the following:

    http://domain.com/showpage.cgi?../../etc/passwd
    h ttp://domain.com/showpage.cgi?../../../etc/passwd
    http://domain.com/showpage.cgi?../../../../etc/pa sswd
    http://domain.com/showpage.cgi?../../../../. ./etc/passwd

    Bingo - I had their /etc/passwd file. And then from there, a quick look at their motd gave me the OS, and from their I got the apache configuration.

    Then I emailed the site owner, explained the vulnerability and how to fix it (using abs_path and a regular expression to untaint btw).

    I can get prosecuted for that? That is so stupid. No more white hatting for me then. Fuck 'em.

    --
    -- Trinity in high heels carrying a whip: The donimatrix - there is no spoonerism
    1. Re:real world example by CKW · · Score: 1

      .

      YES, this EXACT example was prosecuted and convicted in England, and he didn't even get anywhere!!!

      It was for a telco tsunami donation website, all he wanted to know was whether or not the site was legit or not so he tried a couple ../'s, then he made his donation. They were running an IDS (intrusion detection system) and he was one of the only people whose identities they could identify (because he made a donation) and they zealously prosecuted and the prosecutor was zealous and looking to make a conviction and his lawyer was an idiot and the judge was an idiot. He was convicted. He lost his job and was fined thousands of pounds.

      The judicial system has almost zero technical expertise associated with it and so the likelyhood of a miscarrage of justice (as far as all us techies are concerned) is much much higher than average. Combine that with police and prosecutors trying to "make their career" or "up their stats" and you're FUCKED.

      .

  45. rattling doornobs by goombah99 · · Score: 1

    If someone comes over to your house and tries to open the windows and see if they can climb in are they not trespassing? It seems like rattling doorknobs is a bold act that does border on criminal intent. It's not the same as going up to a door and knocking. we all know that. Probing a site for flaes is wrong

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:rattling doornobs by dosquatch · · Score: 1

      If someone comes over to your house and tries to open the windows and see if they can climb in are they not trespassing?

      If I walk into your backyard where you're lounging with your family to tell you that your front door is wide open, I too am trespassing... but I'd like to think you'd appreciate the effort.

      If I notice that the waitstaff at my local restaurant are writing credit card numbers on a chalkboard in public view, and I point out to management that this is quite possibly not a good idea, I'd hope that would be taken as a sign of concern for security rather than an intention to breach same said security.

      If I notice that my local college's website seemingly coughs up information based on no more stringent a requirement than a number following "?id=" in the address bar, and verify by typing in a random number just to be sure before alarming the hapless administrator, I'd hope someone might want to implement a slightly stronger form of protection rather than taking me to court for "hacking the system".

      I guess I'd be wrong.

      --
      "Hey, the third matrix movie would have been good except for the plot,story, and acting." --AC
  46. credit card number by falconwolf · · Score: 1

    For the second half ... WTF does having, or not having, your credit card # on file apply to this?? It seems a bit spurious to the conversation at hand, and I'll treat it as such. :-P

    That one is easy, the person whose credit card number is on file is at risk of having the number stolen and then having the card maxed out. If it were me I'd definitely would want you to do something or you'd loose me as a customer as well as maybe be slapped with a lawsuit.

    Falcon
  47. Are you allowed to browse areas not linked? by Marrow · · Score: 1

    Due to website/browser/plugin problems, its often the case that a media file will
    not play in the window. Now its usually not difficult to determine where on the
    website the media is located. If you browse that directory using automatic indexing,
    and download what is there, are you breaking the rules? What about parent and subdirectories?

    After all you have not guessed a password or anything, but is it considered "out of bounds"?

    On a related note, do web-spiders do this? Do they just follow the links or do they ever
    try to go to the parent directory to index that.

  48. It's simple by zialien · · Score: 2, Interesting

    If you don't own the website or you don't have the owners permission then it is illegal for you to attempt to access the web server except if you are "using it properly" (eg. you actually surf the web site via the links). So if you have found the exploit without permission then you have already committed a crime. Then telling people about it is 1. stupid, 2. gives people evidence to have you charged. As to whether it is illegal to disclose the vulnerability is anybodies guess. I would think that it wouldn't be illegal but i still would not do it.

    1. Re:It's simple by tqft · · Score: 1

      Ah no.

      That is not the way the web works.

      You put up a website and don't block stuff off, then it is fair game.

      Put up a website with some stuff not linked anywhere and check the logs after a week. That will tell you who to prosecute. Any number of people bitch about bots & crawlers ignoring robots.txt. Go ahead put up a site and sue.

      --
      The Singularity is closer than you think
      Quant
  49. One Method by Flwyd · · Score: 1

    I once tried to leave a comment on an article on a local newspaper's website. My subject had the word "Don't" in it, and I got a SQL error back from PHP. I changed my post and added "This website is vulnerable to a SQL injection attack. Send data as parameters" at the end of the comment.

    I wonder how likely it is that the newspaper's website designer reads the comments generated by code he created. Or reads the error logs spewing SQL.

    --
    Ceci n'est pas une signature.
  50. Not informing helps criminals. A LOT by DerangedAlchemist · · Score: 2, Interesting

    Bike U-locks had a defect and could be picked easily with a ball point pen. Informing people helps everyone. Informing no one helps bike thieves because they are the kind of people who find out these things and inform each other about them.

    Why is this difficult to understand?

    As for all the "doing something you shouldn't" bullshit, it's innocent until proven guilty. When did people become so terrified of freedom.

  51. Note to Self: by Paulrothrock · · Score: 1

    Do not tell boss that we're storing credit card numbers, usernames and passwords in plain text on our database server. I might get arrested.

    (Posting anonymously so you don't know who I work for!)

    --
    I'm in the hole of the broadband donut.
  52. Law - 1, Greater Good - 0 by KhaymanUCSD · · Score: 2, Insightful

    Knowing Eric McCarty personally I have some level of insight into this case other than what's put out in the news media. For what it's worth here is my $.02.

    I think we should establish stricter minimum guidelines for information security and hold those we choose to share our personal information with to them. Anyone in IT in the medical industry knows about HIPAA... usually with a groan. HIPAA can levy fines, shut down operations, etc... if you're not taking "reasonable and appropriate measures" in safeguarding sensitive data. Why should it be any different with other, equally personal data?

    I understand the argument that "I wouldn't want someone picking my lock and then telling me that my lock was succeptable to being picked.", though I think the metaphor is stretched a little thin. The reality is that flawed code will be exploited eventually. Especially on higher profile sites. I think the goal should be to foster is an environment where there are responsible disclosure procedures available and allow there to be increased legal pressure for those who do not demonstrate adherence to established guidelines for information storage (see above).

    Entities which store your data (companies, schools, etc...) will not be more responsible. There's no incentive for them to. It's more financially sound for them to respond under the current laws (mostly they're only required to do notifications, rarely will you be compensated to any amount near to what you will lose) than to fix the underlying security problems.

    Another problem is the McCarty was prosecuted under new provisions in the Patriot Act which change how computer crimes can be convicted. It used to be that the government had to prove both unauthorized access and malicious intent. The malicious intent clause was dropped from the requirements. As such if you go forward and provide information about how the breach occurred and work with the site owners to resolve the issue before serious data loss can happen, you are criminally liable. This would be the perfect law if we could ensure it would be applied equally and fairly. Unfortunately many crimes cannot be prosecuted in this manner either because of geographic differences or lack of evidence (real hackers alter logs). As such it really only stands to prosecute those who aren't legitimate threats and gives the government some big news stories to try and lend credibility to the Patriot Act and the erosion of civil rights.

    --
    Kneel before Sig!
  53. Disclosure 2.0 is going to be problematic by weld · · Score: 1

    I was interviewed for this article by Scott Berinato. I have added some thoughts on the topic to my blog. A rich and robust vulnerability research community needs legal access to the software we are researching. As more and more software becomes web 2.0 instead of running on our desktops we will have less and less independent vulnerability research.

    Vulnerability Disclosure in the new "Software in the Cloud" World
    http://www.veracode.com/blog/?p=11

    -Chris

  54. You can certainly get prosecuted by Anonymous Coward · · Score: 0

    and convicted for what you did. Did you gain anything from it? No. Did you risk anything? Yes, your freedom and everything you own and your family. The only thing to do about potential security problems is to do nothing unless it's on a system you are responsible for, and even then, if you are not a company officer, it may be better to just ignore it.

  55. Prosecuted In England for This.. by madsheep · · Score: 2, Interesting

    This will be my second post in here, something I normally don't do but I just recalled something from not so long ago that was actually posted on Slashdot. Do we all forget so quickly? Please read this:

    http://it.slashdot.org/article.pl?sid=05/10/07/153 2241&tid=172/

    "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."

    This is exactly what this article is discussing. Not only should you be held liable in some instances for "looking for vulnerabilities", you should be prosecuted. Now the above case is surely an extreme. Just reading the article I would be completely against prosecution in such an instance. Then again I wasn't part of the team that prosecuted or reported him. He might have tried to do a little more than just check a single ../../. However, he shouldn't have been doing that either. Tough one there.. but you've been warned!

  56. no way huh by ILuvRamen · · Score: 1

    "There is no way to report a vulnerability safely."
    not digitally so just send the company an actual real letter about it with no return address. TADA!

    --
    Google's Super Secret Search Algorithm: SELECT @search_results FROM internet WHERE @search_results = 'good'
  57. leaving keys in the car is illegal too by fred133 · · Score: 2, Insightful

    Prosecution of people reporting vulnerabilities on sites should be predicated on the fact that the webmaster knows what he/she is doing.
    I think some of these legal actions are driven by the fact the the webmaster is an idiot and is embarrassed,not to mention that all that crap he fed his boss about the website being bulletproof is just a bunch of BS.

  58. Even with permission.. by Anonymous Coward · · Score: 0

    Notice that the intent has been removed from the law. Why do you think so many security researchers have objected to the abject legal stupidity embedded and embodied by the Patriot Act (with the UK following closely behind under Blair)?

    The whole Act was a legal coat hanger, yet another law that can be pulled out of the closet if there isn't a real reason to arrest and imprison someone. A sort of mini version of Guantanamo Bay where you can be convicted of a crime without any solid proof and with any sensible chance of a decent defense being denied.

    Ah, it's a fine country..

  59. That's nothing... by timbrown · · Score: 1

    Here in the UK, under the Police and Justice Bill, I'd be breaking the law by "Making, supplying or obtaining articles for use in offence under section 1 or 3". Section 1 and section 3 are references to the preexisting Computer Misuse Act of 1990. The implications of a statement like that are scary.

    --
    Tim Brown
  60. What if it's my lock? by Builder · · Score: 1

    What if I have the exact same lock as you, and I find a problem while dicking around with my lock? Surely I'm allowed to play with picks on my own lock?

    Now, am I allowed to tell you that your lock has a problem, because I saw it on the exact same lock ?

  61. Re:"There is no way to report a vulnerability safe by Anonymous Coward · · Score: 0
    Does the word anonymous ring a bell?


    No, never heard it before
  62. There's more to the story. by Anonymous Coward · · Score: 0
    http://www.securityfocus.com/brief/191

    "It wasn't that he could access the database and showed that it could be bypassed," said Michael Zweiback, an assistant U.S. Attorney for the U.S. Department of Justice's cybercrime and intellectual property crimes section. "He went beyond that and gained additional information regarding the personal records of the applicant. If you do that you are going to face, like he does, prosecution."
  63. Then the site's innocent users will suffer by Slashdot+Parent · · Score: 1

    Is it fair to the users of the site when the site gets cracked and all their personal information gets into the hands of criminals?

    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  64. Car Lights & Common Courtesy by Dareth · · Score: 2, Interesting

    How many times have you seen a car with their lights on in a parking lot with nobody in the car?

    In the old days, someone would check the doors to see if they were unlocked and turn off the lights for the person to keep their battery from running down.

    Would you touch someone else's car today if the lights were on?

    --

    I only look human.
    My mother is a halfling and my dad is an ogre, so that makes me an Ogreling
  65. Re:It's simple - you are clueless about the web by Anonymous Coward · · Score: 0

    Clearly, you have no understanding at all of how web servers work, nor of how to actually secure information on one.

    When a file is available in the web root, it is accessible via a web request, by design. If you don't want it to be available to the public, it either:

    1. should NOT be there to begin with, or
    2. you should explicitly act to secure said file.

    Negligence and/or poor server management practices on the part of the administrator do NOT equate to making someone else's actions illegal if they happen to find the file. If they don't know how to configure a web server to function securely, they shouldn't be managing one.

    Simply orphaning a file by removing links to it does not in any way imply that it is a private file, nor should it, as many people use web servers -- quite properly -- to distribute files without necessarily posting links to them. While this might, to you, imply some desire for privacy or 'security', this is still the equivalent of sending personal notes on the back of a postcard (just like sending a non-encrypted file via e-mail, by the way). By placing the file in the public domain, your action makes the file public.

    Similarly, if they put in place a script on a server that makes files available as part of a query string, they have an obligation as the server administrator to do enough due diligence to make sure that you aren't making available files outside of the web root. If this suggests a level of technical knowledge higher than they are comfortable with, then again, they shouldn't be deploying such a script.

    To advance the discussion back to the level of vulnerability versus exploit, let's say the administrator has made a reasonable attempt to secure the script, but for whatever reason (say a buffer overflow in a java class file, since that's already been specifically brought up), there are still certain files outside of the webroot that are potentially exposed. Seeing a query URL on a site that will return files makes it a perfectly legitimate question to wonder what it will and won't return. Checking to see if it exposes critical system files is something the administrator should be checking for. Perhaps he did, and at the time he checked the files were protected, but a java upgrade on the host exposes the files, and not having time to do a full regression test, the administrator doesn't know the files are now exposed? It's perfectly reasonable for someone, realizing the obvious potential vulnerability of the aforementioned script, to be curious if it's been secured, and to check.

    If we have to resort to analogies, this is not equivalent to trying to pick the neighbors locks. It is, however, the equivalent of walking by the neighbor's garage, at the edge of the sidewalk, seeing what looks to be an old cheezy latch, and checking it, just to see if it's actually secure -- not with the intent of stealing their lawnmower, but just to make sure it is secure. If it's not, you want to mention it to your neighbor, so they replace it.

    Some folks seem to be uncomfortable with the idea of intent being so important in all of this. I have bad news for them. The determination of intent, as it should, does form a significant part of our criminal system. (Here note my official IANAL, so don't get all squirrelly now, just because I'm a layman.) There is not, and should never be, a simple cut and dried standard declaring something to be a crime without having to know the facts of the matter.

    To make yet another analogy, punching someone in the face is a completely neutral act, until you understand the circumstances and intent. If you're trying to mug someone, then yes, it is a criminal act. If you're defending yourself from being mugged, then it is isn't, and no reasonable person should ever suggest it should be. (Yes, you have ridiculous cases where some absurd prosecutor allows some foiled criminal to press assault charges.

  66. meanings by falconwolf · · Score: 1

    In common usage, hacker means what it means to commoners. This is not necessarily the same as the meaning to an elite club of people who use the term their own way.

    Ah but in the case of "hacker" it was an elite club of people who put the idea of what hackers are into the public. Through the '70s up to the early '80s a hacker was someone who hacked, came up with a nifty trick, hardware and or software. The first tyme "hacker" was used in a negative manner was in the early '80s by a reporter, who at one tyme were called hacks or hackers too. After that more and more reporters described computer vandals as hackers, and eventually the public got the impression that hackers were vandals if not criminials. I realize the meaning of words evolve, but it really galls me to see the meaning of "hack" and "hacker" being twisted from something such as exploring or someone positive like an explorer to something, someone, bad like a criminal or vandal. Sure, a hacker may do something bad, but that's not the intension, and they may try to find a solution.

    Falcon
    1. Re:meanings by fatphil · · Score: 1

      Did you read my page? It appears you've not addressed any of the points therein.

      And time is spelt 'time', not 'tyme'. Misspelling it is not cute, or anything.

      --
      Also FatPhil on SoylentNews, id 863
  67. Stick to the Lab by Lodragandraoidh · · Score: 1

    I have to agree with others here - if you are trying to break security on a live site, you are liable - given current laws.

    On the other hand, why not set up your own lab and use that for testing? No one is going to prosecute you for breaking into your own gear.

    Publishing "IIS has X vulnerability", is much better than saying "I found X vulnerability in IIS on Y's site". 'Y' won't appreciate it very much...

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  68. shooting the messenger by bandmassa · · Score: 1

    It seems that, in the referenced article, everybody was doing the right thing, but the net effect was the messenger got shot.

    The student found a vulnerability, and rather than go public, told his professor. Very responsible, consulting upwards.

    The Professor informed the owner of the vulnerable system through channels. Very responsible, staying within procedure.

    Apparently the department which owned the vulnerable system took steps to fix it. Obviously very responsible.

    When hacked, the department reported all recent activity to the investigators. Again, responsible, because the investigators are presumably the experts in data forensics and need to know what issues may or may not have led to the attack.

    The investigator quite rightly wanted to speak to all potential suspects, and the professor as an honest broker, quite rightly, wanted to protect the academic integrity of his career and that of his student, but felt pressured to make potentially prejudicial statements about his student.

    It seems to me, the tone of comments here on slashdot are along the lines of "dob, but don't take credit" or "don't dob, it's not worth the pain" - it's nowhere near that simple. The system, which at each individual stage worked well, in concert created an unsafe envirnment for people to do the right thing.

    When the system potentially shoots the messenger, the message ultimately will not get through. That is no good for anybody. Even Nazi Germany and Stalinist Russia had some whistleblowing procedures aimed at making things better, democracies should welcome whistleblowing with open arms when via proper channels.

    --
    "I hope you like Guinness, Sir. I find it a refreshing substitute for, er... food." Col. Jack O'Neil, SG-1
  69. spelling of "tyme" by falconwolf · · Score: 1

    And time is spelt 'time', not 'tyme'. Misspelling it is not cute, or anything.

    Check volumn 20 something of the full edition of the "Oxford Englich Dictionary", OED. The spelling of time like I spell it, "tyme" is a correct English spelling. It's old and not used anymore but it's still a correct spelling.

    Did you read my page? It appears you've not addressed any of the points therein.

    Yes I did read it. You say I didn't address your points, neither did you address mine. Instead you say how I spell wrong.

    Falcon
    1. Re:spelling of "tyme" by fatphil · · Score: 1

      Oh, dear, you're too stupid to know what "Obs." means.

      Sorry, you've just become "Obs." yourself.

      --
      Also FatPhil on SoylentNews, id 863
  70. Oh, dear, you're too stupid to know what "Obs." by falconwolf · · Score: 1

    means.

    First, nowhere in your posts before now does "Obs" appear. Two, it seems you're still not adderssing my points. Seems you're using spelling and "Obs" to avoid them.

    Falcon
    1. Re:Oh, dear, you're too stupid to know what "Obs." by fatphil · · Score: 1

      You're the one who brought up the OED. My 'Obs.' was a direct response to that. I'm glad to see that you have perfectly demonstrated my initial prediction that you don't in fact know one end of a dictionary from the other.

      The points you raised made little sense if you had read, and understood, my webpage. I therefore was expecting you to re-word them with the knowledge gleaned about my position from that webpage. The fact that you had already read the webpage, not understood what was thereon, and thence raised your points makes continuing this discussion utterly futile.

      --
      Also FatPhil on SoylentNews, id 863