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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?"
ping - a hacker tool used for detecting computers connected to the internet for the purpose of breaking in to them
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"
Prohibition of computer safety tools opens Bundestrojaner door and gate
May 25, 2007 (46halbe)
The Bundestag has today the prohibition of computer safety tools invariably durchgewunken (criminal law law of change for the fight of the computer criminality, more again 202 StGB). To be punished is in particular a manufacturing, a programming, a leaving, a spreading or providing software, which is urgently necessary for the daily work of network administrators and safety experts.
The Bundestag has today the prohibition of computer safety tools invariably durchgewunken (criminal law law of change for the fight of the computer criminality, more again 202 StGB). To be punished is in particular a manufacturing, a programming, a leaving, a spreading or providing software, which is urgently necessary for the daily work of network administrators and safety experts.
With it the delegates acted against the express advice of the experts belonged in the committees with the consultation of the law out of science and practice. Also on the part of the InterNet economy and from the Upper House of Parliament the law change had been criticized sharply. With exception of the Party of Democratic Socialism and a lonely SPD delegate now the completely large coalition that votierte notion lots to make Germany the professional disqualification zone for computer safety experts.
By expressed far version law becomes possession, which production and the spreading of preventive tools, with which security can be examined by computers, in Germany punishable. These tools are however essential, in order to ensure the security from computer systems to. The general prohibition of this software is to be forbidden about as helpfully as the production and the sales of hammers, because sometimes thereby also damages are accomplished.
Andy Mueller Maguhn, speaker of the chaos computer club, commentated: "the prohibition of the possession of computer safety tools opens also for the employment of the Bundestrojaners door and gate industry and citizen systematically the possibility is taken of examining their systems adequately for security. This prohibition endangers the security of the IT location Germany."
As the automobile industry, is examined in the computer industry the system security makes its vehicles with Crashtests safer by the controlled employment by attack programs. It will be legally no longer free of doubts possible in the future for sensitive computer systems will test whether they are safe or not.
On the yearly congress of the federal office for security in the information technology (BSI) Minister of the Interior Schaeuble announced planned certifying "more trustworthily" to Sicherheitsdienstleister. With this step obviously the abilities and the knowledge, which are necessary for effective safety examinations of computer systems, are into which hands by yard suppliers handread out by the government are monopolized, while the independent computer safety research can be kriminalisiert as desired selectively.
CCC speaker Mueller Maguhn in addition: "the explanations of the Minister of the Interior for computer security are pure lip-service. Here systematically the legal and organizational framework is created, in order to make citizens and enterprises defenseless opposite computer attacks, restaurant economics and also the Bundestrojaner. Safety research can take place only in an unacceptable legal gray area."
davecb@spamcop.net
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 [...]."
If "hacking tools" are outlawed, only outlaws will have "hacking tools."
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.
If I'm an admin, I'm probably authorized to test my own network's security. I hack and probe my server constantly to determine my own security. The real gray area is if I'm guilty simply because I possess these tools or if I'm unauthorized to do something with those tools.
Mr. Universe: "They can't stop the signal, Mal. They can never stop the signal."
The rulebook of my high school explicitly forbid bringing to school "anything that can be used as a weapon." I brought up the point that this would effectively expel all small freshmen who could be picked up and thrown at other people.
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?
Yeah, Heidi is such a slut.
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)