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Germany Declares Hacking Tools Illegal
dubbelj writes "Germany has updated their computer crime law to declare 'hacking tools' illegal. This will place most of the professionals in the network admin and computer security fields in a sort of legal grey area. 'The new rules tighten up the existing sanctions and prohibit any unauthorized user from disabling or circumventing computer security measures to access secure data (see the law, sections 200 and following [in German]). Manufacturing, programming, installing, or spreading software that can circumvent security measures is verboten, which means that some security scanning tools might become illegal.' We discussed a similar measure in January when Australia considered the same kind of legislation. How will this affect Linux distribution in Germany, as most standard Linux distributions come with these kind of 'hacking tools' installed by default?"
How are hacking tools really different from locksmith's tools?
;)
I certainly have found a locksmith to be very useful in very legal ways - but then again, I'm the kind of person who has key problems
Read my Very Short "Stories"
...when will they start requiring computer professionals to have to become licensed by the govt in order to to possess and use the tools necessary for them to do their jobs?
So how they are going to distinguish hacking tools from security software? Nmap can be used as both, and I sincerely cannot imagine securing anything without it. Next, packet loggers. Will Ethereal be banned too? It's one of the best tools IMO that gives a user the power to see exactly what he is sending or receiving, showing potential problems and vurnabilities, but it, of course, can be also exploited beyond any limits. And it's the case with all the rest of popular networking software.
"We are the music makers, and we are the dreamers of dreams [...]."
As with firearms, it's the shooter that commits a murder, not the gun. In this case, it's hackers that commit hacking, not the tool. And just as with guns, when they outlaw hacking tools, only outlaws will have them, and the new laws will just annoy the shit out of legit users.
"A door is what a dog is perpetually on the wrong side of" - Ogden Nash
I imagine the list of tools useful only to hackers is pretty short. And I imagine that german hackers will find ways to use "legit" software to their ends.
On another note, expect little in the way of secure software innovation out of Germany in the next few years.
We are all just people.
Sure, some people think he sounds paranoid...but he's right. It'll take time for things to get really bad...but they will get there, slowly.
http://www.gnu.org/philosophy/right-to-read.html
Brains are the best hacking tools of them all, and the only ones necessary--anything else can be rebuilt from scratch, or worked around. (Though it would take a while, in some cases.)
So they've outlawed brains.
Brilliant. =)
That's humorous (in a scary way) considering the following:
... eFishSkinSales.com that sells fish skins... I find a German counterpart GermanFishSkin.com... I take their IP addressing and spoof a pingflood to my routers and send German authorities the logfiles. Would they know what a spoof is for one. How about the following... A German websurfer visits my page and does not close his browser. For the next nMinutes where n equals the amount of time he has his browser on my page, he will make repeated GET's thus resulting in a DoS attack of the lamest kind. What then. Are browsers hacking tools?
The commission communication "towards a general policy on the fight against cyber crime"
There is no agreed definition of "cyber crime". From a strictly legal point of view, it can be questioned whether there is any need for the term at all - it could be argued that "cyber space" is just a new specific instrument used to commit crimes which are not new at all. The term may thus be most interesting from an operational point of view, i.e. the operational instruments and procedures to fight against this type of crime must be developed.
With that said, as an American, I can almost indicate any connection to me as being an illegal one and cost the German taxpayers a bucketload of money with false claims. Let's consider the following scenario.. Ping. Simple administrative tool, can also be used for DoS attacks. Suppose I start a business
Let's take it a step further into XSS (cross site scripting)... The browser IS THE TOOL. Should all browsers be banned now. Oh those Germans. I know... What about a German, with a shell on a server in America developing tools. Now those tools don't reside ANYWHERE in Germany then what. I would have laughed that law all the way to the bitbucket. But... You're likely dealing with e-Incompetent lawmakers driving Beamers and Benz' who care little about the advances in LIFE as a whole thanks to computing both good and bad (malicious hacking has forced companies to improve themselves).
Infiltrated dot Net
But as the technically educated know, many tools that can be useful for diagnostics, troubleshooting, performance optimization, and usage monitoring can also be used for hacking. This, like many laws, will likely be arbitrarily enforced based on criteria not specified in the law.
Knives are tools that can be used to stab people, but we do not make them illegal. If we *did* make them illegal (defining the item as "tools that can be used to stab people") then in actual practice the law will only be used to increase the charges already leveled against someone, or to target someone who has otherwise broken no law but is doing something of which the powers-that-be disapprove (such as...i dunno...criticizing this or that government official or policy).
Well anyway, I am not going to phreak out about hacker tool being illegal. Funny part: For the foreseeable future, any nation without citizens having, using, and learning hacker/cracker/phreaker/... tools (with hands-on experience) is defenseless in case of war/threat. Nations will need as many phreaked crackers, cracked phreakers, 31337 draftees/recruits as they can find (including the wheelchair, gay, and grandma ones).
... to PGP, RMON, Tripwire, C++ compilers ... eventually all technology will be confiscated and most people will be in jail where they belong. Yes, the Germany government of the EU is proving to be as bright as the government of Mississippi in the USA.
In a MAD dash governments globally will make all "Hacker Tools" illegal. Zoll Gestapo will be contracted and trained by the US Government, then deployed to Russia, China, USA, France, Canada... All heidi-holes, small/large dark crevices, and generally anything that can be screwed will be looked into.
"Hacker Tools" from telnet, ping, TFTP
Luddites love politics; because they are not required to know or do, anything right, and are paid anyway. Politics has become a form of welfare for the wealthy incompetent of the US, EU, Iran, Saudi, Russia, China, Egypt, India, Sudan, Mexico.... Politicians in any country are a pitiable basket of low intelligence, corrupt ethics, and fetid morals.
US, EU, and many others are in troubled/stupid times.
Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
To criminalize so-called hackers.
/. echo chamber, no one will do anything but whine and go back to their work/entertainment.
0 6/murphy200706?printable=true¤tPage=all
Most policy wonks that deal with this sector have already spread the word that computers are dangerous tools in the wrong hands. So, step 1 is to make the tools illegal. For example, "Your honor we found hacking applications wireshark installed on the defendants computer." No questions about approved uses are allowed because that makes things too complicated.
Don't bother with legal challenges, the objective is to make computers a content delivery device. Anything else is too threatening to governments, regardless of their borders.
Best case scenario as other posts have pointed out, the government gives out licenses that allow you to use/own "hacking" software. In the U.S., probably a process similar to getting a clearance would be required. This is happening internationally.
Since this is the
Required reading for Americans unhappy with their political process: http://www.vanityfair.com/politics/features/2007/
http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
Even programs that contain keyboard loggers have their uses. Most automated software testing tools use keyboard logging as part of the testing process. Viruses have their uses, as well. On a limited network, I have heard of admins using viruses that are "mutated" so they install patches without any user intervention.
Well, according to German politicians and security "experts", voting machines are secure, too --- because tampering with them is illegal and forbidden!
...
Any questions?
Sometimes I wonder if politicians are descendants from a certain Golgafrincham space ship's inhabitants
My university(in America) has the same rule for any computer connected to there network. I have always had etherape, ethereal, nmap, tcpdump, etc on my computers since I do computer repair. I decided to leave them on and just never tell anyone. Once I got a job in the CS department I noticed everyone had the same tools and really no one cared. Germany will probably do the same thing, no one will care about you having "hacking tools" until they really want you to go away, then you'll be charged for every program that can do anything that would manipulate data. Anyway shouldn't they have made cracking tools illegal?
When will politicians ever learn? sigh...
When will law makers figure out that it is what you do with the tool that should be illegal, not the tool itself? Otherwise knives and cars should be illegal, because both have been used to kill.
There are 2 possibilities.
1. The lawmakers mean well, but don't understand the technology or the implications of this law.
2. They are deliberately transferring power from the Judicial Branch to the Executive Branch in order to appear "tough" on crime. When it's impractical to enforce a law that is broken by many people, the Executive Branch doesn't enforce it, unless they need an excuse to bust someone they don't like, or to search someone they're suspicious of. This gap between what is commonly enforced and what CAN be enforced, I like to call "The Facade of Law" as opposed to "The Rule of Law".
As long as the masses believe they are safe and the system is just, they won't riot/revolt. "Justice" is just an illusion to provide political and economic stability to a group of social (and hence moral) animals. (In my opinion)
This really IS the modern-day equivalent of "if your eye offends thee, pluck it out."
These are my friends, See how they glisten. See this one shine, how he smiles in the light.