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Some DNS Requests Ruled Illegal in North Dakota

jgreco writes "A judge in North Dakota has just ruled that requesting a zone transfer from a public DNS server is criminal activity within the meaning of the North Dakota Computer Crimes Law. A zone transfer is a simple request that a DNS server hand over information in bulk, and a DNS server may be configured to allow or deny such requests. That the owner of a DNS server would configure the server to allow such requests, and then claim such requests were unauthorized, is simply stunning."

79 of 331 comments (clear)

  1. beware by ratonu · · Score: 2, Funny

    So now there is a good chance i can go buy some adwords and advertise my website and then sue anyone who will access it... A good business model.

    --
    set your threshold at -1 if you want to see me
    1. Re:beware by Nos. · · Score: 2, Informative

      It says (even in the summary) we're talking about zone transfers, not regular lookups. So sue all you want, just don't be surprised when every case is thrown out.

    2. Re:beware by cheater512 · · Score: 2, Insightful

      Regular DNS lookups will be illegal next if the law keeps going down hill like this.

      Maybe I'll patent that idea....

  2. Unbelievable by Chrisq · · Score: 3, Insightful

    This in effect means that you cannot set up a secondary DNS server in North Dakota. Any ISPs in the state should probably relocate!

    1. Re:Unbelievable by BoomerSooner · · Score: 2, Interesting

      This is typical of most judges I've encountered. They are too lazy to actually understand the information in front of them they are adjudicating. For example, getting divorced. 10k pages of discovery and the judge just flips through it. No understanding of accounting or much of anything else. It's like arguing to a 5th grader about law. 99% goes over their head if it's not criminal related. So beware if you're in any kind of trial where it's a technical field, or hell, even anything with discovery beyond what the court 'thinks' is relevant.

    2. Re:Unbelievable by MyLongNickName · · Score: 5, Insightful

      What is more unbelievable is that you'd take an article summary like this as being the gospel. More often than not, it is someone who hasn't really read the whole article, but wants to see his name on the front page of Slashdot. Dispense with a few facts, create some sensationalism, and the crack Slashdot editing team puts it up without fact checking.

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    3. Re:Unbelievable by ari_j · · Score: 2, Insightful

      The article isn't much better. I think that it's going to be nothing but sensationalism unless someone gets ahold of the actual court documents.

    4. Re:Unbelievable by billcopc · · Score: 4, Interesting

      I don't think a judge should be expected to read through 10k pages of vindictive banter in order to decide how to split a marriage. I don't expect them to become an expert in the simple-yet-confusing DNS system either. The important facts should be presented in concise layman's terms.

      "Sir, a zone transfer is when you type 'dig google.com axfr'. It is a standard feature of the DNS protocol and software suite. The only way it can be abused is if it is left unprotected by the network administrator, much the same as a house can be abused if you leave your doors and windows unlocked."

      J:"I get it. Plaintiff, you're an idiot! Case dismissed."

      The fact that these simple truths can be irreversibly concealed through the one-way hash known as legalese, is just evidence that the legal system is broken beyond repair. At least you can brute-force RSA :/

      --
      -Billco, Fnarg.com
    5. Re:Unbelievable by Intron · · Score: 4, Informative

      FINDINGS OF FACT

      "In all intended uses of a zone transfer, the secondary server is operated by the same party that operates the primary server. A secondary intended purpose for zone transfers is to permit trouble shooting in which case zone transfers may sometimes be undertaken via the manually conducted host -l command. In those instances, however, the person conducting the diagnosis acts with the authorization of the operator of the system and is usually the network administrator for the system."

      Sounds like the judge understood it pretty well to me.

      --
      Intron: the portion of DNA which expresses nothing useful.
    6. Re:Unbelievable by Crazy_CorranH · · Score: 3, Funny

      So if you're in North Dakota and you're reading this, you better run for them thar boondocks, boy. We're coming to git you!

      Well, coming from ND, I'd have to say it's all boondocks. Where should I run to now?
    7. Re:Unbelievable by Sancho · · Score: 4, Insightful

      Geeks don't like this ruling, though, because it's not black-and-white. A geek think that if it's open on the Internet, it ought to be legal. If it asks for a password and you break in, it ought not be. Absent other means of gaining authorization, a request on the Internet implies a request for authorization, and a reply with the requested information from the server ought to imply authorization. The burden should be on the server operator to restrict or allow access, because on a pseudo-anonymous Internet, there's no other metric we can use. "Most of the time, the server operator wouldn't want this?"

    8. Re:Unbelievable by mikiN · · Score: 2

      Querying a single DNS record != Requesting a zone transfer .

      --
      The Hacker's Guide To The Kernel: Don't panic()!
    9. Re:Unbelievable by orclevegam · · Score: 4, Insightful

      In this case, the geek in question performed the DNS queries as part of an ongoing investigation into the spam activities of the ISP in question. This was not a case of someone with malicious intent, or even someone exploring for the sake of exploring, this was a computer professional attempting to track the source of some spam and to compile evidence against the spammer. In this regard he was acting more as a PI (I realize a PI is usually licensed by the state, but it's still close enough) in attempting to investigate something that if not directly a crime, is at least questionable.

      If I was investigating you, and I came and knocked on your door saying "My car broke down, can I use your phone to call a tow truck?" and while inside your house used a hidden camera to take pictures, this would also be "not authorized", but in most states it's still perfectly legal, and you couldn't then turn around and try to sue me for trespassing.

      The reason the judge ruled against the defendant in this case seems to have had a lot less to do with the merit of the case then it did several instances of the defendant giving false testimony, and in at least one case directly violating an order of the court. Essentially the judge was ticked at the guy, and that biased the case against him.

      --
      Curiosity was framed, Ignorance killed the cat.
    10. Re:Unbelievable by Pollardito · · Score: 4, Insightful

      "Sir, a zone transfer is when you type 'dig google.com axfr'. It is a standard feature of the DNS protocol and software suite. The only way it can be abused is if it is left unprotected by the network administrator, much the same as a house can be abused if you leave your doors and windows unlocked." if you leave your doors and windows unlocked it's still a crime to "abuse" the house, it almost sounds like you're arguing that zone transferring is trespassing
    11. Re:Unbelievable by orclevegam · · Score: 5, Informative

      There's actually a good deal of information in there if you read between the lines a little. What I gathered from it and one of the sites linked by it, is that this guy is well known in the anti-spammer circles as a spam investigator that can compile loads of detailed info on spammers. Apparently Sierra (the plaintiff) is notorious for spam and also for suing anti-spam activists. During the course of compiling evidence against Sierra, this guy performed a DNS Zone transfer (most likely to prove that the source of some spam was actually a server hosted by Sierra). Sierra then sued him claiming the zone transfer wasn't authorized by them, and therefore it was illegal (not going to argue if that's logical or not, just summarizing here). Up to this point any technically minded person would probably think the plaintiff was on pretty shaky ground. However, the defendant screwed himself over it seems by annoying the judge various ways. According to the findings, the defendant gave false testimony on several occasions. It may or may not have been false testimony, it's sometimes hard to say when lawyers get involved, but the judge perceived it as such and that's what counts. Much worse it seems, is that the judge ordered the defendant not to perform certain scans of Sierras network, but he then proceeded to ignore those orders. This action seems to be the one that really blew the case for him, as it's apparent the judge was really not happy with him for that one.

      --
      Curiosity was framed, Ignorance killed the cat.
    12. Re:Unbelievable by Richard_at_work · · Score: 4, Insightful

      Why the support on Slashdot for anti-spam laws then? If your smtp server accepts my connection and accepts the mail I subsequently send to you through that connection, how is this any different to the arguments posed elsewhere in this thread about public access services and presumed legality?

    13. Re:Unbelievable by dekemoose · · Score: 4, Funny

      if I make a bad analogy but it makes sense to me, is it still a bad analogy?

    14. Re:Unbelievable by SanityInAnarchy · · Score: 4, Insightful

      In all intended uses of a zone transfer,

      Well, there's a problem right there. No one person knows all the intended uses of a zone transfer. I learned a new one today from a sibling post -- actually migrating DNS information to a new host, when switching service providers.

      the secondary server is operated by the same party that operates the primary server.

      *chokes on breakfast* ...what?

      I've been using it for almost a year now, for dynamic DNS. It means I get to configure and run a real DNS server, and set it up exactly the way I like, and then, when I need to update the records on my real DNS servers (at zoneedit.com, dyndns.com, etc), I only have to change one setting -- the master host. This means that, for example, if I want to switch to another system, I don't have to learn a new API (or write one to crawl their website) that's much more complicated than a single POST request, updating which master server they should update from.

      (Just been reading that zoneedit.com sucks, so I'm considering switching to dyndns.com, which honestly is pretty cheap, and their service which does zone transfers is cheaper than their service which has a web interface.)

      That is to say: I operate the primary server, and the secondary and tertiary servers are operated by a third party, even if these secondary and tertiary servers are listed in my domain as primary and secondary servers. This is hardly unique to dynamic DNS -- it's also used in cases where there is a static IP, but you only want to maintain one server, and you (obviously) can't guarantee five nines of uptime on that server. So you pay someone to run a secondary DNS server.

      A secondary intended purpose for zone transfers is to permit trouble shooting in which case zone transfers may sometimes be undertaken via the manually conducted host -l command. In those instances, however, the person conducting the diagnosis acts with the authorization of the operator of the system and is usually the network administrator for the system.

      That's reasonable, but answer this: If I were to use the "host" command -- just "host", by itself, looking up MX records and such -- should I be worried about it being illegal? What about "whois" and such? There are plenty of times when it's reasonable to expect that a third party should run diagnostics -- such as when the first party is completely clueless, and needs to be told so.

      Some other poster put it very clearly -- geeks generally believe that if you make a service public, it is public. It's certainly possible to limit zone transfers to the IP address of the secondary DNS server. This would not be an absolute protection, but it would at least show what the intent was.

      This has been debated fairly often with respect to open wireless access points. What you have here is, according to the machine protocols involved, a machine shouting "Look at me! My name is LINKSYS, and I'm open! Just connect if you want to get online!" It is trivially easy, in most cases, to have it instead broadcast "My name is LINKSYS, and you'll need a password to connect!" Or, alternatively, to not brodcast at all -- to just sit in a corner until someone says, "Hey, LINKSYS! Let me connect!"

      It's not quite that bad, but it's similar. "Hey, ns1.example.com! Would you mind telling me what all the subdomains of example.com are?" (There are legitimate reasons for doing this, too -- maybe I'm a spider, and I want to find web pages which aren't specifically linked to by www.example.com.) At this point, if ns1.example.com says "Sure! There's mail.example.com, and www.example.com, and, oh yeah, super.secret.stuff.example.com"... how is this your fault? If super.secret.stuff was really that secret, ns1.example.com could've left it out, or could've said "No, sorry, I'm not going to tell you."

      The reason geeks w

      --
      Don't thank God, thank a doctor!
    15. Re:Unbelievable by JakusMinimus · · Score: 3, Funny

      If I pose a stupid rhetorical question, but it makes me chuckle and/or snicker, is it still a stupid rhetorical question?

      --

      You can be an atheist and still not want to succumb to some weird cross-over sheep disease -- AC
    16. Re:Unbelievable by Sczi · · Score: 2, Funny

      These analogies are completely over my head. Are you or are you not giving out free fajitas and beer?

    17. Re:Unbelievable by kionel · · Score: 2, Interesting

      Having setup one of the first three ISPs in Grand Forks, ND, in 1996, I have to say that this doesn't surprise me in the least.

      (RANT ON}

      North Dakota as a whole is a pretty xenophobic place. They don't like anything new or unusual up therem and they're none too fond of outsiders and anyone who challenges the status quo. (I quickly grew tired of the phrases "'Da colt keeps da riff-raff out!" and "If ya don't like it you cen leaf!") Add in technology -- particularly the kind that the powers-that-be don't understand -- into the mix and they become outright hostile.

      (RANT OFF)

      In my case I left the business, finished my degree, and got my family the hell out of there. It was the best move I ever made. Reading this just reinforces that point.

      --
      "'My Country Right or Wrong'is like saying 'My mother, drunk or sober,'" -- Chesterton
    18. Re:Unbelievable by Yottabyte84 · · Score: 2, Insightful

      This is one way to deal with it:


      $ telnet mailin-01.mx.aol.com 25
      Trying 205.188.159.57...
      Connected to da.mx.aol.com.
      Escape character is '^]'.
      220-rly-da05.mx.aol.com ESMTP mail_relay_in-da05.2; Thu, 17 Jan 2008 13:03:52 -0500
      220-America Online (AOL) and its affiliated companies do not
      220- authorize the use of its proprietary computers and computer
      220- networks to accept, transmit, or distribute unsolicited bulk
      220- e-mail sent from the internet. Effective immediately: AOL
      220- may no longer accept connections from IP addresses which
      220 have no reverse-DNS (PTR record) assigned.


      All geeks are required to hate spam. It's in the by-laws, go check.

    19. Re:Unbelievable by cas2000 · · Score: 2, Insightful

      actually, in this analogy, the zone transfer request is more like knocking and asking "can i come in?" (i.e. "can i have this zone file?").

      if the DNS server is left in default configuration, then the answer is "No, you can't have it".

      if the DNS server is deliberately reconfigured to allow the transfer, then the answer is "Yes, here it is".

      so this ruling is the equivalent of successfully having someone convicted of trespass after you've given them permission to enter.

    20. Re:Unbelievable by Phoenix+Rising · · Score: 2, Insightful

      Two reasons:
      1) The disclaimer that anti-spam admins install saying that spam isn't allowed, but more importantly
      2) The excessive abuse of system resources and user time.

      Requesting a zone transfer isn't terribly abusive in terms of bandwidth (unless you're requesting a zone transfer from IBM or a fully-populated Class A in-addr.arpa zone...), and it takes no permanent resources. A mechanism exists and is in standard use to prevent unauthorized access.

      With spam, its cumulative effect is terribly wasteful of bandwidth, it takes significant storage resources, and with the use of anti-spam software, it also takes valuable CPU resources. Furthermore, with the existence of the Presto service and other similar e-mail to printer gateways, it runs afoul of the anti-fax laws (the intent of which was to prevent others from "spending your money" in an abusive manner). Unlike DNS servers, the functional configuration of an SMTP server is to accept e-mail by default; no other configuration is functionally useful for a vast majority of cases, nor can spam be blocked before or during delivery without extensive analysis (and then unreliably).

      A DNS server is, as some people have analogized, like a club - private, but with a public interface. The owner can choose to lock the door or only admit certain people. An SMTP server is more like a phone line - anyone can call, but harassing calls and unsolicited calling in violation of the do-not-call laws are forbidden despite the open access.

      --
      Let us live so that when we come to die, even the undertaker will be sorry -- Mark Twain
  3. consequence of bad computer crime laws by j0nb0y · · Score: 4, Insightful

    Most states have computer crime laws that pretty much say this: It is illegal to access a computer that you are not authorized to access.

    This basically means that if you don't have written permission to access a computer, you can't access it legally.

    So everyone who uses computers breaks the law, and the law is only truly defined by who prosecutors decide to prosecute.

    This state of affairs is completely ridiculous, but unless you find a tech savvy Judge, the situation is unlikely to be changed through the courts.

    --
    If you had super powers, would you use them for good, or for awesome?
    1. Re:consequence of bad computer crime laws by mcvos · · Score: 3, Insightful

      By this reasoning, looking at a website without written permission of the webmaster would be illegal too. The Judge has basically declared the internet illegal.

    2. Re:consequence of bad computer crime laws by morgan_greywolf · · Score: 5, Insightful

      It IS completely ridiculous. I doubt very much that OSDN or SourceForge (or whatever they're called this week) wants to have to give explicit permission to each and every user on Slashdot, but that's what it appears to have come to because judges are techno-illiterates.

      If a service is running on a machine connected to the Internet and that service is obviously not secured, then the only thing that can be assumed is that permission to use that service is implicitly granted, especially in absence of notices stating otherwise.

      IOW, if you run a Web server on port 80 and require no authentication, then it can be easily assumed that you intend to publish any materials served via the Web server to the public Internet -- you expect people to access it.

      Ditto if you run a DNS service that allows zone transfers to all comers -- you expect that DNS zone transfer will occur and no one will need permission from you to do so.

      To rule otherwise is nothing but pure stupidity.

    3. Re:consequence of bad computer crime laws by CastrTroy · · Score: 2, Insightful

      The act of putting up a website (or any other internet server) on the public internet should be enough to say the operator of the server gave you permission to access it. If you don't want people accessing your server, at least put a password on it for basic access control, or if it requires more security, than put it behind a VPN/Firewall box.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    4. Re:consequence of bad computer crime laws by _Spirit · · Score: 4, Interesting

      I always think it rather silly to state that a judge declared something illegal. Yes I know that he interprets the law. But all the judge does is look at the law and the case. So all the judge has done is show that the law is stupid. The laws that make this illegal were already around. Don't blame the judge, blame the legislators and push to get the law changed!

      --

      beauty is only a light switch away

    5. Re:consequence of bad computer crime laws by Simon+Brooke · · Score: 2, Informative

      The act of putting up a website (or any other internet server) on the public internet should be enough to say the operator of the server gave you permission to access it. If you don't want people accessing your server, at least put a password on it for basic access control, or if it requires more security, than put it behind a VPN/Firewall box.

      The act of putting up a DNS server is exactly the same. But we now know it's illegal to access a DNS server, therefore it must be illegal to access a web server.

      Without written permission in triplicate, signed in longhand by the owner of the data using a quill pen and attested by the county registrar and the sheriff, of course.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    6. Re:consequence of bad computer crime laws by strangel · · Score: 3, Insightful

      The reason people say that a judge declared something illegal is that in order for there to be consequences in such a case, there must be a trial. A trial will always go through a judge, so a judge always has to interpret the law. Part of this interpretation depends upon past precedent...therefore it is possible that if the next judge isn't bright enough to recognize a bad precedent when he/she sees one, he/she will follow the precedent. This further strengthens the precedent for later cases.

    7. Re:consequence of bad computer crime laws by kalirion · · Score: 3, Funny

      Be glad he didn't tase you, bro.

    8. Re:consequence of bad computer crime laws by aproposofwhat · · Score: 3, Informative
      More to the point, what idiot would put DNS records relating their internal private network on a publically accessible DNS server?

      That's what Sierra did, according to the court decision.

      Either the admin responsible is incredibly stupid, incredibly lazy or just hasn't thought through the security implications.

      --
      One swallow does not a fellatrix make
    9. Re:consequence of bad computer crime laws by parnasus · · Score: 2, Insightful

      If a service is running on a machine connected to the Internet and that service is obviously not secured, then the only thing that can be assumed is that permission to use that service is implicitly granted..

      This kind of law would actually err the OTHER way, in that any vulnerability in a system which exposes a service to the Internet could be construed as giving permission. With the number of drive-by-downloads, no one can say HOW that service got installed/started on the system, but once it's there, there is no deterrent to prevent anyone from being able to take advantage of the resources which have been "... implicitly granted ..." on a "... service [which] is obviously not secured."

      Both versions presented are draconian in their scope. Some formulation of intent needs to be incorporated into the law or it will be as effective as legislating that water is no longer wet.

      --
      --If you code for the exceptions, the rules fall into place
    10. Re:consequence of bad computer crime laws by ehrichweiss · · Score: 2, Funny

      You must have missed some of the stranger court cases recently. Like the woman who put up the website that she didn't want any web spiders to crawl so she put up a text message that said "web spiders are forbidden" instead of a robots.txt that would actually do something. Google indexed it and she sued.

      --
      0x09F911029D74E35BD84156C5635688C0
    11. Re:consequence of bad computer crime laws by jvkjvk · · Score: 5, Informative

      No, it's not completely ridiculous. We can talk about generalities as long as we want but they are nothing but straw men. This is a specific case, and it appears to be a special case, where the defendant had an injunction against him to prevent him from harassing the company in question.

      Essentially, the judge ruled that the injunction did indeed include the DNS servers the company had. Imagine that, he got that one right!

      IOW, even if the company was running a web server on port 80 and require no authentication, it can easily be assumed that --- the defendant would still be barred from making requests to that page. No, not people in general one specific individual who was barred from interacting with the company.

      To rule otherwise is nothing but pure stupidity.

    12. Re:consequence of bad computer crime laws by Sancho · · Score: 3, Informative
      Further reading from the link I posted states that the court isn't ruling on normal DNS requests. Under "CONCLUSIONS OF LAW":

      2. The Court need not determine whether a normal, single DNS query is authorized within the meaning of the statute. Even if there had been any authorization for a such a DNS query or lookup, Ritz exceeded that authorization in violation of the statute by conducting a zone transfer and attempting further access. So the court isn't claiming that a DNS query, in the general case, is illegal.
    13. Re:consequence of bad computer crime laws by jvkjvk · · Score: 2, Funny

      Of course, to not properly close your tags or preview foolish!

    14. Re:consequence of bad computer crime laws by roggg · · Score: 2, Insightful

      Does an improperly configured mail server invite relay abuse? Does an unsecured FTP server imply everyone's free to download whatever is on it, or offer consent for the public to upload stuff for temporary storage for later distribution to their buddies? Well, aside from your use of the word "abuse", I would say the answers could reasonably be "yes" and "yes". There is no such thing as an improper configuration. (Okay, well, there is, but that's not what we're talking about here.) A server may be misconfigured with regards to the intended configuration, but how am I supposed to know that? Open servers are a valid and possibly intended configuration. It shouldn't be up to me to guess the intent of the network administrators, especially when it comes to an ISP. Shouldn't an ISP of all entities have the knowledge to properly configure their own network? Why wouldn't I assume open servers are open by intent.
    15. Re:consequence of bad computer crime laws by efalk · · Score: 3, Interesting

      The admin in question is Reynolds' right-hand-man, Bradley Allison. And yes, he really is that stupid. In court, he testified [p.138] under oath that he didn't know what port 25 was, or whether or not you could use telnet to connect to a mail server.

    16. Re:consequence of bad computer crime laws by _.-+thimk!+-._ · · Score: 4, Interesting

      You might try reading the actual content of the ruling, not just the article.

      http://www.spamsuite.com/node/351

      If you had, you would probably at least know that the Judge was a 'she' not a 'he'. If you did actually read the article, this might be a good indicator of how much you actually paid attention to what you were reading...

      Several of the 'conclusions of law', as stipulated, are indeed seriously problematic. She did not specify her rulings upon the basis of an injunction. She specified them based upon the actions themselves. THAT is why technically savvy individuals consider her ruling to be badly flawed.

      Her conclusions on Zone Transfer Queries, for starters, are seriously flawed. There are plenty of legitimate reasons to make DNS Zone queries when you are not an employee or someone else acting with the explicit permission of the entity who put the server in place. Many ISPs cache entire zones to cut down on excess DNS traffic for requests from their customers, for example.

      For another, while it is difficult to say with certainty not knowing the exact details of the testimony of the defense's expert witness, a reading of her response by someone knowledgeable with DNS configuration suggests reasonably that he may have attempted to explain that there are specific methods that would be used to prevent zone transfers to unauthorized servers, that there were other methods that would be used to configure the server to provide zone information in response to external requests, and that by configuring their DNS server in such a way as to give the Zone information, the plaintiffs were authorizing the transfer of information and making the information publicly available. If their DNS server was configured to respond to external Zone Transfer requests, this information would in effect be public, as anyone at all, not just the defendant, who issued a perfectly normal host command would have received that information. If this was not their intent, the issue would be one of incompetence on the part of their technical staff, not one of 'hacking' on the part of the defendant.

      Her suggestion that using a command switch for 'host' that is clearly documented to query information that was publicly available constitutes 'unauthorized use of a computer system' is unfounded, overly broad, and, to any technically knowledgeable individual, deplorable. She does not state that she reached her conclusion because of any injunction against the defendant. She states her finding is based upon the facility of the program itself, and her miraculous idea that somehow use of this normal function is somehow mystically, only intended for a specific subset of target users she has imagined. One that is, again, seriously flawed.

      'Knowledge available to the average user' should NEVER be used as a yard stick for what constitutes the acceptable bounds of computer use. The 'average user' is ignorant of the actual function and capabilities of their systems to a point that is common to describe them, quite accurately, as largely 'computer illiterate'.

      If no one knew more about any particular thing than an 'average' individual does, at any given point in time, we'd still be hunting and gathering. To suggest that this baseline should have anything to do with determination of what constitutes a potential criminal act, if applied to any other circumstance, would immediately render anyone of actual knowledge, rather than vague theories about a subject a criminal.

      What do you know, for example, about repairing the engine of your car. Say you know quite a bit about it. Should you be considered a criminal if you make repairs on it, based upon knowledge you have, if you aren't a certified mechanic? How about if you repair your mother's car with that knowledge. Does that make you a criminal? By this Judge's logic, it would.

      If you don't like that analogy, try this one. Let's say that the 'average person' knows that telephone bo

  4. DNS illegal now? Read again. by Anonymous Coward · · Score: 5, Informative

    Might want to read the actual court ruling instead of the populistic and alarmist comments surrounding it. As I read it, the defendant already had been told by the court to stop bothering the plaintiff, and he then proceeded to ignore that. In and of itself the ruling doesn't outlaw dns requests, altough the judge's grasp of the technology clearly could stand improvement.

    1. Re:DNS illegal now? Read again. by tgd · · Score: 5, Insightful

      See this is why we need a (-1 Informative) moderation... because clearly from the tone of the post and the the majority of the replies, rational response is not the goal of this story submission.

    2. Re:DNS illegal now? Read again. by autocracy · · Score: 5, Informative

      TFA really sucks. The linked judgment is much more useful to read. I'm kind of saddened by the judges focus on "zone transfers," but it's clear that the issue is not about zone transfers. The issue is a pattern of malicious activity that the defendant had an injunction placed on him for. He violated that injunction. It was corporate cyber-stalking harassment, really. I'd say that the zone transfer was illegal in context, especially with an outstanding injunction to stay off the company's servers.

      --
      SIG: HUP
    3. Re:DNS illegal now? Read again. by squiggleslash · · Score: 4, Insightful

      What's absolutely hilarious about this are the number of replies to this article complaining about "clueless" Judges who "don't understand the issues" and aren't prepared to "read the evidence" right in front of them. Uh-hum. Because all you guys did, right?

      --
      You are not alone. This is not normal. None of this is normal.
    4. Re:DNS illegal now? Read again. by sammy+baby · · Score: 2, Funny

      What's absolutely hilarious about this are the number of replies to this article complaining about "clueless" Judges who "don't understand the issues" and aren't prepared to "read the evidence" right in front of them. Uh-hum. Because all you guys did, right?


      Welcome to Slashdot! We hope you enjoy your stay. :)
    5. Re:DNS illegal now? Read again. by Pharmboy · · Score: 2, Insightful

      This is *exactly* why I wish moderators could moderate the actual Slashdot article. Not digg style free for all, but I would used one of my mod points (dont have today) to push it off the front page into the "another stupid article that the slashdot editors didn't look at very well" pile. Getting more of those in the last year...

      --
      Tequila: It's not just for breakfast anymore!
    6. Re:DNS illegal now? Read again. by Mr.+Beatdown · · Score: 3, Informative

      He was found to have violated an injunction from accessing ANY of the plaintiff's websites. This injunction was issued on August 4th, 2005. That being said, he wanted to argue in the face of the injunction that any access to a public web server was de facto authorized. The judge ruled (correctly) that though all the information remained on the "public" internet, that any access by Ritz after the injunction was unauthorized. Ritz, however, performed the zone transfer query in question on February 27, 2005. Read that as almost 6 months before any injunction was made against his access. The judge ruled (astoundingly incorrectly) that the query was unauthorized. ANY access request from that is not subject to authentication from the Internet at large should be considered authorized. The moment you put a notice or a 1 character password it becomes unauthorized. The judge's HUGE gap in application of the law was to rule that ANY specific access of a publicly accessible unauthenticated computer system could represented unauthorized access. Publicly accessible unauthenticated = authorized. The participation in Usenet Death Penalties is not a mark against Ritz, but in his favor. The vast majority of the findings look to establish Ritz as a menace to Sierra, when in fact his advocacy for the Internet as a whole is what puts him in conflict with them. The judge's ruling fails to consider that this man is not a vigilante out to slander and misinform and declare UDP fatwas against random ISP's. He is in fact a citizen performing tasks that anyone investigating a suspected bad net neighbor would be expected to use. His possible harassing behavior aside, he was found in violation of nothing other than unauthorized computer access, a claim that, absent the injunction, is not able to be supported by the common understanding or practice of access to computer systems since the inception of the first networked computers. This guy was also found to be the Bastard Operator from Hell. The BOFH is actually named Simon Travaglia, but whatever.

      --
      My fellow Americans, let's restore the death penalty for child rapists. Let's do it . . . for the children.
  5. Oops by slarrg · · Score: 4, Funny

    I didn't mean for anyone to read this post on the internet. So it illegal.

    1. Re:Oops by mulvane · · Score: 4, Funny

      Damn YOU!!!!

      I try to be a somewhat law abiding citizen. Thanks for my first criminal act of the day I didn't even mean to commit.

  6. Turn computer crime laws upside down by unlametheweak · · Score: 4, Interesting
    From TFA:

    "The Court rejects the test for "authorization" articulated by defendant's expert, Lawrence Baldwin. To find all access "authorized" which is successful would essentially turn the computer crime laws of this country upside down." One could only hope.
  7. Default settings allow it... by mnslinky · · Score: 2, Informative

    BIND 9.x and earlier allow this activity by default. This being the case, a new and/or ignorant system administrator may not realize their zone file is available for the taking.

    One more example of the law having to protect the stupid, but I can *sorta* see the point of it. This falls in line with stealing wifi from unprotected networks. Just because it's not secured doesn't mean it OK to break in.

  8. FUD by Telephone+Sanitizer · · Score: 4, Informative

    It's a civil case.

    The worst that can be said about it is that it's bad precedent and the judgment was wrong.

    The judge did not make DNS requests illegal.

  9. Public information? by suso · · Score: 2, Interesting

    Asking a public internet server for public information that it is configured to provide upon demand?

    This quote from the article is debatable and the reason why its not a good idea to allow zone transfers. A lot of times, information that you would rather not be public is in zone files. I've seen a some people put processor information in HINFO records. This is bad because there was a cryptographer in the 90s that discovered that its possible to determine random number generation sequences based on your processor model and frequency. So it wouldn't be good for that info to be public.

    Its not a good idea to allow zone transfers. Although its useful when an ISP that you are transfering a zone from doesn't want to give you all the zone records.

  10. How would he obtain permission to access it? by Rogerborg · · Score: 2, Funny

    He can't email them, because clearly that's zomg h4xx0rz1ng their email server.

    --
    If you were blocking sigs, you wouldn't have to read this.
  11. an old proverb by tylersaurus · · Score: 3, Funny

    Those who can: write code. Those who can't: write laws.

    Can you imagine if every politician in the house and senate knew how to program? Granted a good portion of them would still be writing awful spaghetti code... but for the most part at least they would not be able to compile it.

  12. Computer systems vs human systems by mlwmohawk · · Score: 4, Insightful

    What I find interesting is that "computer systems" i.e. networks, disk drives, files, etc. ae well understood by us computer folk. What is "obvious" to us has come from a lot of experience and learning. More over, in constructing things like the internet, we develop a lot of "rules" that make sense within this context.

    In the non-nerd world, a lot of the rules created by us nerds run afoul of what most people expect. DNS is a perfect example. To us, it is MADE to serve data. If you put data into DNS, you've made it public. To the rest of the world, however, that doesn't make sense. Its the same issue with HTTP. We see putting stuff on a web site as making it public, but non-nerds see things like deep linking a violation of their site because it does not promote the interaction they expect (viewing ads etc.) and have invested in. To them, you are circumventing their revenue model.

    I'm not 100% sure we're 100% right. I don't think we are wrong in our views, but I see the gray area between the two.

    1. Re:Computer systems vs human systems by pla · · Score: 2, Insightful

      I'm not 100% sure we're 100% right

      Since we made the whole damned ball of wax for our own amusement, and Joe Public decided to tag along for the free porn, I'd have to say that yes, only the geek interpretation matters. Joe can thank us (as can the Hunters of Commerce who hungrily stalk Joe and his kind), but his "interpretations" of the scenario simply do not matter.

      If you don't understand the rules of poker and try to play, you'll go home shirtless. The same idea applies here. If they want into our game, they'd damned well better learn the rules before playing for anything more than token plastic chips.


      The only "crime" here results from a judge who doesn't understand that DNS servers exist to serve, unless told otherwise (a not difficult task). Yes, you could say the defendant "harassed" the company - Which the company could have stopped with one line in a config file.

    2. Re:Computer systems vs human systems by cyxxon · · Score: 3, Interesting

      Well, yes, you are right with what you wrote, but you basically forget the IMO most important angle: "we techies" invented this shit so that it gets used the way we want it. "They" only hopped on, and actually built e.g. their websites in "our" realm. Then, all of a sudden, they realize that our realnm has some consequences that they didn't foresee (for failure to understand the concept, or most often just simply for failure to try to do so), and begin to sue and badmouth those that are leftovers from the original phase, or those that adhere to the original philosphy.

      In this case (ignoring the fact that the defendant already had an injunction against him) the operators could probably have prevented their DNS server to serve this data (probably, as I am not an admin in this area). In other cases, such as deep linking, well, it is a little rougher, but they could for example not use frames, but good page layout, which automatically shows all their ads in the standard headers and such, or make stuff password protected, or use .htaccess to redirect requests that go straight for their meat back to the frontpage, just like many free image hosters do now for hotlinking. But no, they just decide to litigate...

  13. Facts from the ruling by InvisiBill · · Score: 3, Informative

    18. Ritz was not an authoritative name server, a DNS server, nor any kind of computer at the time he accessed Sierra's computer. I'm pretty sure that one wins some sort of award reserved for the highest level of intellectuals.

    21. The information which Ritz published was not public. Moreover, much of the information was not publicly accessible. In all seriousness, I think this is where the major issue lies. The judge ruled that because most people don't know about host -l, that the information was private, even though it was publicly available with a standard command.

    If Ritz had previously been ordered to leave Sierra alone, and hadn't, then that's a basis for the ruling right there, completely ignoring any aspect of DNS. From the court documents, the guy sounds like quite a piehole.

    1. Re:Facts from the ruling by codefool · · Score: 2, Insightful

      It's more like dressing up like a repairman, going through the unlocked gate, the unlocked door, and raiding the unlocked refrigerator. He clearly took all precautions to not be detected and this passes the "walks like a duck" test. His past behavior and public admissions did not help his case. While I wish all the court documents were available, I've read the finding of fact and law and I agree with it. He dug himself a deep hole and now he can't climb out of it.

      --
      "Stop whining!" - Arnold, as Mr. Kimble
    2. Re:Facts from the ruling by squiggleslash · · Score: 4, Insightful

      Well, the ruling's more like being told that you can't enter a shop that happens to have a door unlocked at the front after you've repeatedly entered it and been told explicitly to go away because the shop's not open yet.

      --
      You are not alone. This is not normal. None of this is normal.
    3. Re:Facts from the ruling by onecheapgeek · · Score: 3, Informative

      From the ruling:
      7. Ritz, at all times material, acted intentionally and with the intent to gather as much DNS and other information as possible about Sierra and its principals, agents and related entities and persons. Ritz made the information he gathered available to several persons, including a competitor of Sierra, SuperNews and SuperNews accessed that information. Ritz has admitted that SuperNews personnel accessed the zilla queries file where it resided on his computer via http connection.

      8. The intended purpose of a zone transfer is primarily one of redundancy. Zone
      -3-
      transfers are the means by which a primary authoritative domain name server copies the domain structure to a secondary authoritative domain name server for the purpose of redundancy. Generally, both of those servers pertain to the same domain. In all intended uses of a zone transfer, the secondary server is operated by the same party that operates the primary server. A secondary intended purpose for zone transfers is to permit trouble shooting in which case zone transfers may sometimes be undertaken via the manually conducted host -l command. In those instances, however, the person conducting the diagnosis acts with the authorization of the operator of the system and is usually the network administrator for the system.

      9. The evidence presented at trial produced no treatises or authoritative sources to suggest that any other intended purpose exists for a zone transfer. The academic and technical resources put in evidence at trial uniformly indicate that zone transfers have no intended purposes beyond those mentioned above.

      10. The literature available on the subject all refers to access attempts such as the host -l command issued by Ritz under the circumstances of this case as "unauthorized." Microsoft itself, as well as various other, authorities all refer to zone transfers conducted by an individual other than the network administrator or an authoritative name server as "unauthorized."

      11. Ritz accessed Sierra's computer, copied and disclosed information found on that computer beginning at least with the February 27, 2005 access and continuing thereafter through the summer of 2005. Ritz made several access attempts which were also unsuccessful after April 1, 2005.

      12. Publication of the zilla queries file containing information about Sierra including its internal domain structure created a grave security risk for Sierra. That information, in the
      -4-
      hands of outsiders with malicious intent. threatens the integrity of Sierra's computer system. Publication of that information also competitively injured Sierra since a competitor such as SuperNews can use the information to better evaluate and compete with Sierra.

      13. Ritz has port scanned thousands of computed, including those of Sierra.

      14. Ritz frequently attempted to access Sierra's computers from a variety of locations in case Sierra was blocking access from his known IP address. He also concealed the IP address of his point of origin in order to shield himself from blame or, as he put it, "taking the beat."

      15. Ritz has participated in approximately eighteen UseNet death penalties ("UDP"). A UDP is an attempt to force a Usenet service provider to change its behavior by threatening to have peers cancel their relationships with the target of the UDP, canceling messages propagated from the target of the UDP and if that fails, to go to other providers to convince them to cease doing business with the target. Once he was armed with Sierra's internal domain structure and published that information. Ritz called for a UDP against Sierra.

      16. Ritz has issued Internet mail bombs and undertaken efforts which resulted in disconnecting third parties from the Internet

      This guy was not doing ANYTHING legitimate. He was trying to damage their business through whatever means he could, including attacking their customer base. On top of it all, he began to try to circumvent the actions they took to prevent him from accessing the information. He started using proxies to bypass an IP block. To say this has any effect on a secondary DNS doing a zone transfer for DNS purposes is beyond stupid.

    4. Re:Facts from the ruling by orgelspieler · · Score: 2, Informative
      Actually, David Ritz is an anti-spam vigilante, who is being sued by Jerry Reynolds who appears to be a Usenet spammer, and sues* spam-fighters. Though you're right that the court documents make it sound like David's the bad guy.

      *Looks like the guy on this site is a co-defendant with David Ritz, so maybe not the most reliable source.

  14. Re:Why am I not suprised? by plover · · Score: 5, Insightful
    That's not at all true. The judges I've had dealings with have been damn smart people.

    What you're forgetting is that in most court cases, the defendant is there for one of two possible reasons: they really weren't responsible, or they were responsible but are now lying about it. And the plaintiff or complainant is there to make sure something "legal" happens in their favor, and they're not above lying to get their desired outcome, either. Usually there's a lot of both. That means the judges are professionally sitting at the mouth of a never ending river of bullshit, and they have to keep control of the situation.

    It's not that judges can't or refuse to understand the technology; it's that the cases are about the people, which is where their focus must remain. The computer didn't act of its own accord. It operated under the direction of its owner. The question of "was there malicious intent?" has nothing to do with DNS or any other logic-based technology and everything to do with the two guys standing in the courtroom.

    --
    John
  15. Best. Ruling. EVER! by InfinityWpi · · Score: 5, Interesting

    Why the hell aren't we celebrating this, people? Okay, for DNS, it sucks... but look at it this way...

    It doesn't matter if you set up your system to 'automaticly' share the files you just downloaded... people who accessed them did so without authorization. It can't be considered 'sharing' if you didn't authorize people to download them from you... could this ruling be a tool agaisnt the MAFIAA?

  16. A human analogy by oz1cz · · Score: 3, Insightful

    I can lock my house, but even if I do not do so, you will still be trespassing if you enter my house.

    1. Re:A human analogy by danzona · · Score: 2, Funny

      Texans always have a shotgun handy. That is what makes us Texans.

  17. Forgive the redundancy, by Hellad · · Score: 2, Informative

    but there is NOTHING ILLEGAL mentioned here. This is a civil trial, not criminal. The acts may be found illegal later in Ritz's later criminal trial, but that remains to be seen. Also, the issue is a question of whether Ritz was authorized to do the DNS request. The DNS request is legal for the administrators without problem. Obviously, the issue of Ritz's requests is worth debating. The article summary is horrible, as is the linked article. But, the linked blog entry has yet another link which gives the whole opinion as well as some more informed commentary. For those that want to be informed before spewing, I would suggest checking it out. (for the the other 99% of slashdotters, please feel free to ignore this at will).

  18. Your example is wrong by thejuggler · · Score: 2, Insightful

    Even if I did leave my doors and windows unlocked anyone that entered without my person would be doing so illegally and subject to my wrath.


    --
    Just because the door is unlocked does not mean you have permission to enter.

    1. Re:Your example is wrong by jgarra23 · · Score: 2, Interesting


      Even if I did leave my doors and windows unlocked anyone that entered without my person would be doing so illegally and subject to my wrath.


      Before I comment I'll say I completely agree with your statement and would probably shoot a trespasser.

      The precedence in America has now been set that this is not the case. According to the RIAA by leaving my computer insecure and not changing the default share settings in Kazaa or eMule (or whatever) I am liable for sharing all the files that it detects even though people should know better than to download them.

      You want to see something scary? Go to emule and type in "xls" or something.

    2. Re:Your example is wrong by j-pimp · · Score: 4, Insightful

      Just because the door is unlocked does not mean you have permission to enter.

      Well look at it this way. If I walk into a laundromat and there is no attendant on duty I would not consider myself trespassing. No reasonable person would. I've been to laundromats without attendants on duty. I assume someone opens them up ion the morning, locks them up in the evening and periodically comes buy to refill the vending machines and the like.

      If I am a reasonable person on the internet, and a server responds to a zone transfer request, I expect that I am authorized to look at this information,

      --
      --- Justin Dearing http://www.justaprogrammer.net/ We're just programmers.
    3. Re:Your example is wrong by Skreems · · Score: 2, Insightful

      This is more like walking up to someone, asking them if you can have 10 dollars please, and being arrested for theft when they willingly give it to you.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    4. Re:Your example is wrong by ultranova · · Score: 2, Insightful

      Even if I did leave my doors and windows unlocked anyone that entered without my person would be doing so illegally and subject to my wrath.

      True, because entering someone's home without the owner's explicit permission is not part of expected procedure. A more appropriate analogue would be to leave the doors to a shop unlocked during normal business hours and complaining that the people who step inside are trespassing; this correctly captures the idea that the whole purpose of a DNS server is to answer incoming queries.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  19. "Your example is wrong" is wrong. by roggg · · Score: 4, Insightful

    Your DNS server is not your house. It's your store. Yes, it's private and belongs to you, but it has a public interface. People walk into your store when it's unlocked because the door is the public interface, and the lock on the door is how the owner meters or controls access. DNS servers are much the same. They serve up a public interface. Making a DNS request of an open server should be no more illegal than walking into the 7/11. If they don't lock it, how am I supposed to know it's closed?

  20. Port 53 rebel from hell by rs79 · · Score: 2, Funny

    You know back in the 80s people on usenet notiuced that there were no uucp connections going into North Dakota and therefore Noth Dakota didn't actually exist. Now I think I know why there were no uucp connections going into North Dakota.

    I hear the ladies love a Bad Boy. I just did a zone transfer from a North Dakota nameserver. I am SUCH a rebel. Come get me, biotches.

    Now if you'll excuse me I'm going to tear the labels off some mattresses and jaywalk. I be bad, yeah I be bad.

    --
    Need Mercedes parts ?
    1. Re:Port 53 rebel from hell by jtroutman · · Score: 3, Informative

      I'm guessing you're young, under thirty at least. I only say this because the "the tag may only be removed by the consumer" bit is a change that was made about fifteen years ago, before that they read "Do Not Remove Under Penalty of Law" in bold, black letters. So most people grew up with these ominous tags on all their pillows and mattresses warning that if they removed them there were stiff penalties involved. Nowadays, not so much. Meh.

      So who's the nerd now, huh?

      --
      I stole this sig from a more creative user.
  21. The facts on the case by efalk · · Score: 3, Informative

    As one of the people involved in this, I think I should take a minute to set the record straight.

    Sexzilla was once one of the largest porn spammers on usenet. I wrote about them on my web site. The owner, Jerry Reynolds, sued me for defamation. I asked the other spam-fighters for whatever they had on Sexzilla so I could defend myself.

    David Ritz responded with something along the lines of "Oh, it's true alright, here's the dns zone information that proves it." He also published his results on-line.

    Reynolds then sued David for an "unauthorized zone transfer".

    That zone transfer is the entirety of Reynolds' case against David. The rest of the stuff in the judge's decision was all a bunch of bullshit spoon-fed to the judge by Reynolds. Most of it has nothing to do with the case at hand, and most of it is either untrue or gross distortions of the truth. For example, the "hijacked" computer was an open relay that Ritz used to send one message to Verizon security, proving to them that they had an open relay.

    You can read the whole sorry saga here.

  22. Re:Purpose is important to the law. by Bert64 · · Score: 2, Insightful

    Potentially it is, it's vigilante justice and legally should be left to the police (not that they will actually be capable of doing so).

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!