Slashdot Mirror


Interview With MIT Subway Hacker Zack Anderson

longacre writes "In his most extensive interview since the DefCon controversy emerged, MIT subway hacker Zack Anderson talks with Popular Mechanics about what's wrong with the Charlie Card, what happened at DefCon, and what it's like to tango with the FBI and the MBTA. The interview comes on the heels of Tuesday's court ruling denying motions by the MBTA to issue a preliminary injunction aimed at keeping the students quiet for a further five months."

113 comments

  1. The battle by Adreno · · Score: 5, Insightful

    I'm really glad that the court decided to overturn the injunction. We need to get information like this out in the open, so we can solve these problems quickly and in an open-source manner. Simply denying that a problem such as this exists does not solve the problem... it delays a fix, and makes it even MORE likely that such exploitation will happen in the first place.

    1. Re:The battle by jellomizer · · Score: 4, Insightful

      Unfortunately most peoples mind are stuck in the 20th century. And don't consider how quickly these things can spread now. Say 15 years ago this happened keeping it quite would have gave them a security advantage as it is easy to control the flow of information, so for someone else wanted to break in had to duplicate all the research again. However today once you try to silence someone the information flows faster, and it is harder to keep the information down, so when a problem is found it is best to fix it then put time in hushing it up. Sorry the world follows different dynamics now adapt or parish.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:The battle by e4g4 · · Score: 0

      He wasn't making the claim that adapt or perish was new - his last sentence was just missing a couple of commas.

      "Sorry, the world follows different dynamics now, adapt or perish"

      --
      The secret to creativity is knowing how to hide your sources. - Albert Einstein
    3. Re:The battle by rbf2000 · · Score: 2, Informative

      Ironically, they made far more information publicly available than the MIT kids ever intended to present by including the security report in their motion. You think they would have sealed the document, or whatever the legal term is for hiding sensitive information like that.

    4. Re:The battle by Anonymous Coward · · Score: 0

      We need to get information like this out in the open, so we can solve these problems quickly and in an open-source manner.

      What the hell does "solve these problems .. in an open-source manner" mean? Is that like submitting a patch to the judge's injunction order, hoping the law maintainer incorporates the patch?

    5. Re:The battle by SwordsmanLuke · · Score: 4, Funny

      adapt or parish.

      That's right! Change, or we're sending you to... church!

      --
      Any plan which depends on a fundamental change in human behavior is doomed from the start.
    6. Re:The battle by Anonymous Coward · · Score: 0

      Or Louisiana.

      I'll take church, thanks.

    7. Re:The battle by Anonymous Coward · · Score: 0

      Um, they were probably doing both. Trying to quiet it up while working on a fix. It was futile, but they were trying to buy time. It wasn't really a waste, given that lawyers aren't well-known for their programming and engineering skills. Just a waste of money.

    8. Re:The battle by herring0 · · Score: 1

      Now if it was crawfish season I'd have to politely disagree with you but seeing as how it is hurricane season I'll join you at church.

    9. Re:The battle by Anonymous Coward · · Score: 0

      adapt or parish.

      There's an anti-evolution joke in here, I'm sure of it.

    10. Re:The battle by alexandreracine · · Score: 1

      Fixing thing cost money. Why would they want to spend money?

      --
      No sig for now.
    11. Re:The battle by lysergic.acid · · Score: 1

      or maybe he just means community collaboration, which only works if all information is publicly available and can be exchanged freely. chances are the security issues discovered aren't unique to MBTA. it would make more sense to discuss the problem and its potential solutions out in the open, this way others may contribute their own experiences or perhaps detect similar vulnerabilities in their own systems.

    12. Re:The battle by LordAlced · · Score: 0

      Oh noes, the evolutionism vs. creationism war is about to be fought on a whole new battlefield!

      --
      Error: this custom sig failed to load. Please update your user preferences. If this message still appears, please contac
  2. Obligatory IANAL by blcamp · · Score: 4, Insightful

    US Constitution, Amendment I:

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

    Did I miss something here?

    Not that I want a security system compromised, because I don't... but the 1st Amendment doesn't say "Congress shall ... abridge free speech in instances where a subway system is hacked".

    --
    The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
    1. Re:Obligatory IANAL by JohnnyKlunk · · Score: 2, Insightful

      I think it's the interpretation
      the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

      They're not stopping anyone from assembling peaceably, and they're not stopping anyone from petitioning the government.
      If these kids tried to petition the government to fix the system and a law was passed to prevent them then this would be a violation. However the government is preventing a party from addressing the assembly on a sensitive issue. I don't beleive this is covered in the above

      Not saying I agree with stopping the presentation, but the right of free speech is really about petitioning the government over greivances, not saying whatever you want.

    2. Re:Obligatory IANAL by __aagmrb7289 · · Score: 3, Insightful

      I'm sorry, but no way does this make any sense. Did you forget the frickin' OR? As in: "or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." You make no sense.

    3. Re:Obligatory IANAL by Ioldanach · · Score: 4, Informative

      Maybe this will help: Congress shall make no law (((respecting an establishment of religion) or (prohibiting the free exercise thereof)) or (abridging (the freedom (of speech) or (of the press)) or ((the right of the people peaceably to assemble) and (to petition the government for a redress of grievances)))). The alleged violation is "abridging (the freedom (of speech) or (of the press))". The assembly subclause is enclosed within a different area of the clause.

    4. Re:Obligatory IANAL by SirGarlon · · Score: 2, Insightful

      Not that I want a security system compromised, because I don't...

      The students didn't hack a security system. They hacked the toll-collection system of the subway turnstiles. The MBTA made some whiny noise about the hack being a security risk but evidently the judge didn't believe their argument.

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    5. Re:Obligatory IANAL by JesseMcDonald · · Score: 4, Insightful

      Not saying I agree with stopping the presentation, but the right of free speech is really about petitioning the government over greivances [sic], not saying whatever you want.

      No, the right of free speech is about speech alone not being a crime for which one can be punished, or a source of harm for which one can be made liable. It's fairly obvious that freedom of speech is separate from the right to petition; just look at where the semicolons were placed. The amendment is addressing three different rights:

      1. Freedom of religion
      2. Freedom of speech, including speech via the press
      3. Freedom of assembly for the purpose of petitioning the government for redress

      You wouldn't try to argue that freedom of religion is all about petitioning the government for redress, would you? The segment describing freedom of religion relates to the right of assembly in exactly the same way as the segment about freedom of speech.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    6. Re:Obligatory IANAL by Derosian · · Score: 1, Insightful

      You aren't really missing anything. You just don't get that only Congress shall make no law, anyone else can make as many laws as they want.

    7. Re:Obligatory IANAL by xstonedogx · · Score: 2, Funny

      If only the Founding Fathers had known LISP!

    8. Re:Obligatory IANAL by Anonymous Coward · · Score: 0

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Did I miss something here?

      Yes, you did. The "free exercise thereof" explicitly refers to the "establishment of religion" portion. And they have not made a law abridging the freedom of speech. So what's your point posting this?

    9. Re:Obligatory IANAL by Anonymous Coward · · Score: 0

      My LISP is a bit rusty, could you convert that to Java?

    10. Re:Obligatory IANAL by eeek77 · · Score: 1

      Read "The Hacker Crackdown." When you have the ability to cause a blackout to the phone system of an entire US region - you most definitely do NOT have the freedom of speech.

      I would enjoy reading a version of that book, written for today's circumstances.

    11. Re:Obligatory IANAL by doulos05 · · Score: 1

      See, THIS is why we should teach kids computer programming instead of civics. Because computer programming teaches you civics! I knew LISP would come in handy!

      In all honesty, I wish legal documents were written that way. It would make the extraneous statements more obvious and the legalese less dense. Then again, it would also allow for easier refactoring, resulting is shorter and more understandable documents. Putting hundreds of lawyers out on the streets... wait, I'm not sure that's a bad thing.

    12. Re:Obligatory IANAL by X0563511 · · Score: 1

      Yes you did:

      US Constitution, Amendment I:

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

      Right argument, wrong backing. You want the stuff to the right of the semicolon: "... or abridging the freedom of speech..."

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    13. Re:Obligatory IANAL by Tetsujin · · Score: 2, Insightful

      Read "The Hacker Crackdown." When you have the ability to cause a blackout to the phone system of an entire US region - you most definitely do NOT have the freedom of speech.

      And why not? Why shouldn't a student of security issues be able to discuss their findings about such a flaw with other security professionals? Why should someone, once they've gone to the trouble of investigating the situation and discovering such a flaw, be barred from legitimately profiting from that work? Just because it's inconvenient for the people who maintain the flawed system?

      It sounds like the talk the MIT students were going to give would have satisfied both sides: allowed the students to legitimately profit from their own hard work, while not giving the general public the information needed to circumvent the system.

      --
      Bow-ties are cool.
    14. Re:Obligatory IANAL by notes+rules · · Score: 1

      I agree that this is good that the MIT student announced his findings and acted responsibly by not publishing his findings. But, I am not sure this is covered by the first amendment, although I like that amendment a lot. For example, what about credit card information? Let us assume that someone hacked into Visa's system because it was hackable. Is that free speech if someone posts private credit card information to the internet?

    15. Re:Obligatory IANAL by Anonymous Coward · · Score: 0

      You should really see a doctor about that lisp.

    16. Re:Obligatory IANAL by Anonymous Coward · · Score: 0

      Speak for yourself, I'm using my father's parentheses.

      http://xkcd.com/297

      It's a xkcd reference! Sudo mod me funny.

  3. The real question I want to know... by rahvin112 · · Score: 4, Insightful

    Did the MBTA learn a lesson here about making a mountain out of a molehill? They essentially took something that would have received almost no attention and turned it into a national news story and then publicly filed all the details in open court such that anyone with the wherewithal to defraud the MBTA now not only knew about the exploit but had the full details on how to do it.

    1. Re:The real question I want to know... by ParanoiaBOTS · · Score: 2, Informative

      Did the MBTA learn a lesson here about making a mountain out of a molehill? They essentially took something that would have received almost no attention and turned it into a national news story and then publicly filed all the details in open court such that anyone with the wherewithal to defraud the MBTA now not only knew about the exploit but had the full details on how to do it.

      I doubt they learned anything. If I have noticed one thing about cases like this its that they always seem to make the same mistakes. It's really just a matter (again) of people addressing the symptom, not the problem.

    2. Re:The real question I want to know... by SparkleMotion88 · · Score: 1

      Did the MBTA learn a lesson here about making a mountain out of a molehill?

      Obviously not since they have not fully dropped this case yet. The MBTA doesn't seem to have a full understanding of consequences either. In the interview, Anderson says that he still isn't planning on sharing the details of the hacks, even though there is nothing preventing him from doing so. I know if I were on the wrong end of a lawsuit, I would probably publish every detail of this information out of spite (unless I really thought I needed it for leverage).

    3. Re:The real question I want to know... by gad_zuki! · · Score: 3, Insightful

      So? They *might* be exposing themselves to a higher frequency of short-term compromise but frankly the people with the know-how to do this and the equipment and the will dont exist in vast numbers.

      The worst thing they could have done is 'play it cool' and downplay this. This would only encourage people to continue compromising their cards and give the MBTA little incentive to get off its collective ass.

      As it stands now, this is so publicized that every transit organization around the world is freaking out about its level of encryption. This will have some pretty positive long-term consequences.

      Im glad they didnt play it cool. The Streisand effect sometimes has unintended positive consequences.

    4. Re:The real question I want to know... by SanityInAnarchy · · Score: 1

      Did the MBTA learn a lesson here about making a mountain out of a molehill?

      Unlikely. And, unfortunately, the "hacker" responsible seems to be more interested in his own personal integrity than in teaching them that lesson...

      You see, he said, very clearly, that he'd be sharing no details which would allow someone to trivially cheat the system. He sent them documents showing everything he knew, and explaining that he wouldn't be sharing all of this in his talk.

      And the asshats still decided to call the FBI, and to sue him.

      If this was me, at this point, I'd say "OK, you blew it, this is all going up on wikileaks. And it's going up there because you were asshats about it."

      --
      Don't thank God, thank a doctor!
  4. the more I read about this.... by BitterOldGUy · · Score: 2, Interesting
    It's sounds more and more like the MBTA is just trying to cover up their mistake. This has nothing to do with public safety or stealing rides on the transit system.

    Especially this part:

    They're filing a lawsuit right now, basically, and nobody's in court for usâ"just MBTA lawyersâ"and we don't fully know what's going on.

    Interesting. So, no one at MIT was served or anything. The MBTA just shows up in court to tell their story and theirs alone? And asks for an injunction?

    At least they didn't go nuts like the time with the light brites under the bridges.

    1. Re:the more I read about this.... by Anonymous Coward · · Score: 0

      1-31-07 Never Forget

    2. Re:the more I read about this.... by MRe_nl · · Score: 3, Interesting

      the more it just seems someone at MBTA mistook their (MIT's)vulnerabilities rapport for the
      scheduled Defcon talk that Friday and panicked.
      quote/
      "The FBI agent said, basically, this is not going to be an investigation. We don't have anything here. Don't worry about it.

      So we told them we'd provide them a vulnerability report, going over what we found, and also methods that could fix these problems, and they said we could get that to them within two weeks. We had actually planned on getting it to them within the week, before business hours ended on Friday, so they'd have this in their hands before we gave the talk. We felt this was a courtesy we should give them.

      This report was not going over what we were speaking about at DefCon, that wasn't the point. Some other people at MBTA have claimed that it was, but the point of the report was to go over the vulnerabilities, and go over ways that they could fix them. That's what we provided them, and we got it to them that Friday."
      end quote/

      and that's where it went wrong I think.
      Had that report arrived monday nothing might have happened.

      --
      "Kill 'em all and let Root sort 'em out"
    3. Re:the more I read about this.... by SirGarlon · · Score: 1

      And I notice the university didn't rush to send their own crack legal team to defend free inquiry and academic freedom.

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  5. Stored value cards are foolish by kriston · · Score: 4, Insightful

    Stored value cards are foolish.
    They should only ever be used for identification and authentication.
    The value being managed must always be stored and administered on the billing system itself.

    This is why the responsible agencies (EZ-Pass, WMATA DC Metro, NYC Metrocard) should not, and usually do not, use stored value cards.

    How naive of the MBTA to do this.

    Cloning is still a problem with DC Metro and NYC Metrocard, but this is relatively easy to detect using database analysis and trending.

    The security should lie with the central system.
    Stored value cards are never secure--especially if you're depending on the obsolete version of MiFare Classic which should have only ever been used for authentication (serial numbers, keys, and scanned fingerprints).

    Never for a so-called "digital purse" like MBTA used it for.

    --

    Kriston

    1. Re:Stored value cards are foolish by schwaang · · Score: 2, Interesting

      Stored value cards are foolish.
      They should only ever be used for identification and authentication.
      The value being managed must always be stored and administered on the billing system itself.

      OK, but if you have RFID and a weak key, an id/auth-only system still has the problem where you can effectively copy someone's card with an antenna, and then use it until $0. You just can't refill it for free as in the stored value case.

      I haven't thought about this much, but while the auth/central billing approach seems more secure (if you fix the key problem), it's got a single point of failure that brings down your entire transit system, where the lower security value-store approach does not. Maybe in the real world that's not a big deal, I don't know.

    2. Re:Stored value cards are foolish by kriston · · Score: 1

      The central system provides protection because you can trend activity and fix things afterward.
      Surely, it doesn't prevent it, but it does allow you to detect it and recover quickly.
      The stored value mode doesn't allow either, unless, maybe, the central system gets not just the fare paid but the stored value per card ID, and you're tracking that at the central system. And, in that case you might as well be using a central billing system.

      --

      Kriston

    3. Re:Stored value cards are foolish by flink · · Score: 2, Interesting

      Stored value cards are foolish.
      They should only ever be used for identification and authentication.
      The value being managed must always be stored and administered on the billing system itself.

      A system that must communicate with a central database isn't very useful for:
        * buses
        * trolleys
        * the commuter rail

      Where a network connection isn't necessarily available as the reader must reside on the vehicle itself.

      I'd be interested to hear how the other cities who don't use stored value cards solve this problem.

    4. Re:Stored value cards are foolish by Anonymous Coward · · Score: 2, Funny

      I'd be interested to hear how the other cities who don't use stored value cards solve this problem.
      They kindly request the sheeple to use dollar bills, and/or money coins. It's amazing technology.

    5. Re:Stored value cards are foolish by pjt33 · · Score: 1

      I haven't thought about this much, but while the auth/central billing approach seems more secure (if you fix the key problem), it's got a single point of failure that brings down your entire transit system, where the lower security value-store approach does not. Maybe in the real world that's not a big deal, I don't know.

      That reminds me of an interview question I was asked a few years back which basically wanted me to sketch a design for an ATM network. As in all things engineering, there's a trade-off to be made. What you can do is have each terminal store a copy of the transaction. If the central billing system is up it validates the user's credit in real time: if not, it commits the transaction later. You can get free travel, but only if you can bring down the connection to the centre.

    6. Re:Stored value cards are foolish by Anonymous Coward · · Score: 0

      replication

    7. Re:Stored value cards are foolish by honkycat · · Score: 1

      Except that the stored value + post-facto audit allows the stations to work even if they are do not have connectivity to the main server 100% of the time. You could do a daily log dump/blacklist update from the station back to the central server. Given the number of turnstiles that are broken on the MBTA at any given time, having the turnstile free to operate independently of the mothership seems critical...

    8. Re:Stored value cards are foolish by schwaang · · Score: 1

      Yeah that makes sense. You can always design in a workaround if you forsee the problem and the (probability of the problem) X (severity of the problem) X (effectiveness of the workaround) is high enough to justify the cost. The potential losses with the store-and-forward solution are small, like when a retailer's credit card verification system is down and they have to write transactions on paper slips. A few might be bad, but the business stays open.

    9. Re:Stored value cards are foolish by kriston · · Score: 1

      I'd like to add that the flamebait posters who've replied to my post might want to investigate how Metrocard works when it comes to accessing the central database in vehicles. I would amend my earlier post to also state that the cards do, indeed, carry the balance of the card, they do not hold the authoritative balance of the card. On vehicles that do not have real-time data links the card's value is used to allow the holder to board the vehicle. The data is checked in a store-and-forward manner (like your local UPS driver's handheld does). If the balance presented by the card and the transaction ID do not match up with the database the card is turned off.

      Naturally this doesn't prevent the first or even the second fraudulent fare it certainly blocks the subsequent transactions after the trend is discovered.

      Incidentally the vehicles for the newer Smartcard-based systems have real-time data links.

      Thought you'd like to know, and maybe try to do some more research, you guys.

      --

      Kriston

    10. Re:Stored value cards are foolish by kriston · · Score: 2, Informative

      You may have read my comment already but there is an advisory value stored on the card but it's not the authoritative record of the balance. As with the Oyster Card "hacks" in London the cards can be turned off within one day. The central billing system analyzes trending and riders are accepted into the vehicle based on the balance on the card. If that balance doesn't match with the central database the card is turned off within hours. Same happens with cloned cards which can be detected the same way even more quickly as cards are used in impossible locations at impossible time intervals. The vehicle acceptance systems use store-and-forward wireless systems--remember, all the vehicles have onboard radios which will work several times per hour even on routes with the poorest coverage.

      --

      Kriston

    11. Re:Stored value cards are foolish by Anonymous Coward · · Score: 0

      You are so right!

      But what I do not understand is why this kid is treated as such a uber-hacker when he just discovered that they used Mifare Classic when Mifare Classic has been broken for over a year!

    12. Re:Stored value cards are foolish by Anonymous Coward · · Score: 0

      Maybe they should switch to the time proven late 1800's technology Metra uses. It involves hiring a person called a conductor, and that person's job is to keep track of who is on the train. The conductor then punches out little holes in the ticket to keep track of rides used or even accepts cash from riders that don't have a ticket. Not to mention having a condutor on the train also has the side benefit of actively increasing security.

      From what I've seen in practice, it works pretty damn well. I wonder what the cost/benefit analysis of that would work out to, but I suspect finding good conductor material might be a little harder these days. (But even then, hiring quality people still might be more affordable than having a service contract for a glitch ridden ticketing system and a separate contract for a passive security system.)

  6. The FBI's role by MikeRT · · Score: 4, Interesting

    The FBI's role should have been to offer him and his buddies a lab, security clearance and a plush job to do this kind of work for them. Seriously, these are the kind of guys that the cops want working for them because every security hole in the infrastructure they find helps the cops do their job--and these guys are smart and educated enough to help the vendor fix the problem.

    1. Re:The FBI's role by blueg3 · · Score: 1

      Someone's going to offer them such a job, but probably not publicly in the context of an investigation.

    2. Re:The FBI's role by /dev/trash · · Score: 1

      Who says they haven't?

  7. no, not really by Reality+Master+201 · · Score: 4, Insightful

    Grow up - your free speech rights aren't absolute.

    There's the classic example of shouting fire in a crowded theater, for example. There's various laws against disclosing all kinds of information - medical records (go to a hospital, and you'll find signs in the elevators reminding staff to be careful when discussing patients), state secrets, etc.

    And that's not getting into the realm of lawsuits. I mean, I could go on for hours about how you molest your children while smoking crack, but you can sue me for libel and I'll lose if I can't back up my claims. If you sign an NDA and then announce a press conference to disclose stuff covered under that NDA, I can get an injunction against you to prevent your holding that press conference.

    In this case, the folks running the subway got an injunction to prevent the disclosure of the hack. And a judge looked at the evidence and decided that they didn't deserve a permanent injunction.

    1. Re:no, not really by Anonymous Coward · · Score: 0

      Are you a lawyer?

    2. Re:no, not really by Hoplite3 · · Score: 5, Interesting

      Yes, the old fire in the theater line... That's from the Holmes ruling in the Schenck case. Schenck was posting fliers bashing the draft for WWI and got swept up and jailed by the police. Holmes wrote for the Supreme Court majority that such speech was equivalent to shouting fire in a theater and Schenck (continued) his time in jail.

      Remember kids: every time someone uses this line to define the limits on free speech, they are hearkening back to rulings that undercut the very purpose of the 1st amendment.

      --
      Use the Firehose to mod down Second Life stories!
    3. Re:no, not really by _Sprocket_ · · Score: 4, Informative

      Very interesting. Further reference:
      http://en.wikipedia.org/wiki/Schenck_v._United_States

    4. Re:no, not really by Anonymous Coward · · Score: 0

      Are you a lawyer?

      Must be. The plain English of the First Amendment appears to be overwhelming him.

    5. Re:no, not really by az26er · · Score: 1

      There's no law that prevents someone from shouting fire in a crowded theater if the damn theater is really on fire.

    6. Re:no, not really by wizzat · · Score: 1
      You're absolutely right, free speech is not an absolute right. There are limits in place via the interpretation of the Supreme court. The current limit (which negates and overrides your "Fire In a Theatre"/Clear and Present Danger test) is the Imminent Lawless Action test.

      Check out Wikipedia for more information.

    7. Re:no, not really by Anonymous Coward · · Score: 1, Interesting

      But, didn't Schenck's actions fail the "Imminent lawless action" test, e.g. he was urging people to disobey the law and evade the draft? You have every right to declare in public that "Law XXX is harmful", etc. But you don't have a right to say "Law XXX is bad, therefore you should break the law!". Civil disobedience is certainly morally justified in some circumstances, but it is still unlawful, as is compelling others to break the law.

    8. Re:no, not really by Anonymous Coward · · Score: 0

      "Grow up - your free speech rights aren't absolute."

      They aren't, but they damn sure were meant to be.

    9. Re:no, not really by Reality+Master+201 · · Score: 1

      Yeah, I know; I wasn't so much citing the clear and present danger test as put forward by Holmes, as citing a familiar example of a clear place where the individual's right to free speech is necessarily subsumed to the greater concern for public safety. The two somehow get combined into a single thought in people's minds, however; there's another response to my original post that cites the Schenck case as the origin of the (misquoted) phrase, and manages to miss the point that the example embodied in that choice of phrase and it's use in the justification of a bad court ruling are separate issues.

      Note, too, that the practical example of (falsely) shouting fire in a crowded theater would still not be considered protected speech by the Imminent Lawless Action test.

    10. Re:no, not really by reddburn · · Score: 1

      The first amendment is vague, and I'm glad of it. Congress makes no laws abridging free speech. You can say whatever you wish (unless that information is classified, in which case you have pledged to not divulge it, voluntarily abrogating your right in that instance). Without restriction, without a limit, some sort of inbuilt limit of what it would be meaningless or wrong to say, there can be no assertion nor reasons for asserting.

      The reason for the preferred legal distinction between speech and action is that if the First Amendment is to make any sense whatsoever, speech must be declared separate from action, or as a special form of action that make action a target for regulation.

      Because if the First Amendment protected action, it might as well have been written "Congress shall make no law abridging freedom of action," tantamount to "Congress shall make no law," thereby, "There will be no law."

      It is the very debate over the lines we draw that creates our free speech, because within that debate, we are enacting and protecting the principles that our forefathers wanted to protect: the right to debate publicly without fear of retribution from a tyrannical government, to openly declaim about public policy, belief, religion, etc. without fear of reprisal. It is the job of the First Amendment to demarcate an area in which competing views can be considered without interference.

      --
      "Those who believe in telekinetics, raise my hand" - Kurt Vonnegut, Jr.
    11. Re:no, not really by Chees0rz · · Score: 1

      That Sherlock Holmes is such a dick...

    12. Re:no, not really by iminplaya · · Score: 1

      your free speech rights aren't absolute.

      But the amendment is. It says "no law", not "no unreasonable law". Sounds pretty absolute to me.

      --
      What?
    13. Re:no, not really by discards · · Score: 1

      It's worth noting to say that the Holmes vs It's worth noting the Schenck ruling is no longer applicable. The only unlawful use of free speech these days is if your words present a call to "Imminent lawless action", i.e. if your words are likely to cause breaking of the law before law enforcement can intervene, such as calling for a riot: http://en.wikipedia.org/wiki/Imminent_lawless_action

      Of course, then there's libel, revealing secret information, NDAs, racism, threats... While some of these make sense, others just errode free speech. Remember that the last time Congress tried to introduce a Flag Burning Amendment it failed by only one vote! While I don't burn the flag, I do believe that anyone should have the right to do so.

    14. Re:no, not really by dissy · · Score: 1

      Grow up - your free speech rights aren't absolute.

      No, you grow up, realize they ARE, and a lot of people DIED to make it so and keep it that way.
      What you say cheapens the value of human life.

      There's the classic example of shouting fire in a crowded theater, for example.

      And shouting fire in a crowded (or any other filled level) theater is perfectly legal and protected by the 1st amendment.
      It's only the end result of people getting trampled due to your actions that is illegal.

      And if you cant see the difference between cause and effect, there is no help for you, might as well stop reading here.

      There's various laws against disclosing all kinds of information - medical records (go to a hospital, and you'll find signs in the elevators reminding staff to be careful when discussing patients), state secrets, etc.

      Yea cuz there sure are a lot of medical records and state secrets encoded into the dollar amount of credits left on your smart card..... *rolls eyes*

      And that's not getting into the realm of lawsuits. I mean, I could go on for hours about how you molest your children while smoking crack, but you can sue me for libel and I'll lose if I can't back up my claims.

      Sure lets get into that realm. Bold added by me.
      If you CAN back up all of those claims with solid proof, you admit you will win.
      These guys have solid proof that every word they said was true.

      I'm glad you finally agree they will win this lawsuit.

      If you sign an NDA and then announce a press conference to disclose stuff covered under that NDA, I can get an injunction against you to prevent your holding that press conference.

      And this guy has never signed an NDA with boston.. so what is the point of that example?

      Are you literally only trying to find off topic totally unrelated examples of where free speech is limited? +2 offtopic/troll
      At least stick to what the article is about please.

    15. Re:no, not really by Anonymous Coward · · Score: 0

      Grow up yourself. Those laws are bad laws. I should have the RIGHT to shout 'fire' in a crowded theater. The CORRECT law would be the one that prescribes the PUNISHMENT that I would receive as a CONSEQUENCE of my CHOICE to act in an irresponsible manner.

      =;^)

  8. The question we all want answered by smooth+wombat · · Score: 1

    My first weekend in Vegas after turning 21.

    Did you get drunk and wake up next to a showgirl?

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    1. Re:The question we all want answered by jgtg32a · · Score: 1

      If not then you're doing it wrong

    2. Re:The question we all want answered by CogDissident · · Score: 1

      At least its not Reno. That town is so old, even the showgirls are like 50. (I really wish I could erase that mental image)

    3. Re:The question we all want answered by PPH · · Score: 1

      Next question: Why just one?

      --
      Have gnu, will travel.
  9. Bad News by c0d3r · · Score: 1

    Quoting Douglas Adams:

    Only one thing moves faster than the speed of light, and its bad news which operates by it's own laws.

    Or something or other like that.

  10. You did miss something. by stomv · · Score: 4, Informative

    The US has tons of limits on free speech, including but not limited to restrictions with respect to
      * perjury
      * profanity
      * sealed courtroom/trial
      * threats
      * slander and libel
      * classified information
      * treason

    1. Re:You did miss something. by russotto · · Score: 4, Informative

      The US has tons of limits on free speech, including but not limited to restrictions with respect to
          * perjury

      But no prior restraint here.

      * profanity

      Most such restrictions get shot down in court; if it's about profanity in particular, they fall afoul not only of freedom of speech but of religion as well.

      * threats
      * slander and libel

      Again, no prior restraint here. And what constitutes a threat is reasonably narrowly defined, though prosecutors are always trying to stretch it

      * classified information

      You have, perhaps, heard of the Pentagon Papers case? Where the Washington Post and the New York Times could not be enjoined from publishing classified information?

      * treason

      It's awfully hard to commit treason with public speech. Laws against sedition, on the other hand, have a long history of violating freedom of speech.

    2. Re:You did miss something. by lysergic.acid · · Score: 2, Funny

      you forgot the biggest one:

      no talking in the library!

    3. Re:You did miss something. by witherstaff · · Score: 1

      You forgot the best limit - Free Speech Zones. I grew up thinking that the free speech zone was anywhere on American soil... silly me.

    4. Re:You did miss something. by pbaer · · Score: 2, Informative

      You also forgot: *copyright

      --
      There are 11 types of people, those who know unary and those who don't.
    5. Re:You did miss something. by ChrisMaple · · Score: 1

      The "Pentagon Papers" and similar cases could not be enjoined for reaons that were as much political as legal. The huge political pressures for the release of the papers could not be defeated. The confidential classification was BS, and everyboby knew it; if you read the PP you saw nothing there that wasn't already believed to be common knowledge. Furthermore, at the time the actual leaker (who had taken an oath not to release classified data) was unknown. All the newspapers did was pass along the already compromised information.

      People who get security clearances are given annual lectures on the importance of not blabbing and some of the law involved. It's prior restraint and properly so. People's lives are at stake.

      Although what the Rosenbergs did was more spying than public speech, if atom bomb details had been published in the NYT they still would have gotten the death penalty, and again properly so. It was treason.

      --
      Contribute to civilization: ari.aynrand.org/donate
    6. Re:You did miss something. by iminplaya · · Score: 2, Interesting

      Although what the Rosenbergs did was more spying than public speech, if atom bomb details had been published in the NYT they still would have gotten the death penalty, and again properly so. It was treason.

      Citation needed. The Rosenbergs were railroaded*. They weren't even charged with, or convicted of treason. And furthermore, the case shows why we should not allow grand jury testimony to be withheld from the public.

      *During the trial the prosecutor announced in a national news conference that he had secured sworn affidavits from an old friend of the Rosenbergs's, William Perl, which conclusively proved the conspiracy. Saypol decided against putting Perl on the stand, however, when Perl admitted to lying in his affidavits.

      --
      What?
  11. Haha! Pwned! by Anonymous Coward · · Score: 0

    Pressing the fire alarm to open all turnstiles is a "hack"???

    These guys are laughable. Don't they know that that

  12. remember kids by Reality+Master+201 · · Score: 4, Insightful

    Remember kids: every time someone uses this line to define the limits on free speech, they are hearkening back to rulings that undercut the very purpose of the 1st amendment.

    Every time someone picks a single item from among several used to make a point and rests their entire argument on it, you should be skeptical.

    I noticed that you didn't mention the more applicable end of things, i.e., courts enjoining speech pursuant to a lawsuit, of the larger issue that free speech rights aren't absolute in the US, and never have been.

    Also, Schenck vs. US was a bad decision, and fairly un-American in my view. But what Holmes said "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic," is fundamentally reasonable, even if that justification wasn't appropriate to the case.

    1. Re:remember kids by fuzznutz · · Score: 4, Insightful

      "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic," is fundamentally reasonable, even if that justification wasn't appropriate to the case.

      The keyword there is FALSELY. It is not "illegal" to shout fire in a theater. In fact, I would hope that someone would do just that in the event of a fire. The key issue of the MIT students is prior restraint of free speech simply because a party doesn't like what they believe they might hear.

    2. Re:remember kids by guibaby · · Score: 3, Insightful

      The "shouting fire is a theater" thing is not a Free Speech issue. You have every right to yell fire in a crowded theater. Especially if there is a fire. What you will get in trouble for is the results of your speech. Free speech is and should be absolute. But; you are responsible for the results of your speech and you always have been.

      Courts enjoining speech in a lawsuit or criminal case: This is not a law against free speech (as in congress shall make no law.) It is a judge doing his job in a specific instance to ensure a fair trial.

      An NDA is a contractual obligation. Again this is not a law against free speech.

      Laws against disclosure (medical records and such) again do not violate the "Congress shall make no law" because they apply to commercial entities which are not protected by the constitution. The constitution applies to people. Yes, I know, some judges have ruled as if corporation are "persons." It is very convenient sometimes to think that way, but it is not a constitutional matter.

      Libel and Slander are also not limitations on speech. If you are sued for one of those things you are being sued for the damage that you did to that person not the speech itself.

      Any abridgment you can come up with a reason for is either bad law, bad application of law or not an abridgment.

      ANY law that restricts the speech of an individual is unconstitutional by definition.

      --
      Historically, the claim of consensus has been the first refuge of scoundrels.
    3. Re:remember kids by iminplaya · · Score: 1

      Libelous and slanderous speech causes no damage whatsoever. It is the action taken by others that causes the damage. And those who commit the action based on libelous and slanderous speech are the ones who should be punished. You're blaming the speaker. I blame the actor. Speech is not action. It is only words. And words mean nothing if nobody takes action. Here, I'll Godwin it for you. If nobody had followed Hitler's orders, how famous do you think he would be today?

      --
      What?
    4. Re:remember kids by guibaby · · Score: 1

      I think I get what you are saying and in some instances you are probably right. The real damage with libel and slander is the effect on what people think about the person being slandered. I am not sure it possible to regulate thought.

      --
      Historically, the claim of consensus has been the first refuge of scoundrels.
  13. MBNA != MBTA by SirGarlon · · Score: 4, Informative

    You seem to be confusing the bank, MBNA, with the Boston transit authority, MBTA. Hacking MBNA would almost certainly be a felony. Hacking the MBTA is not even definitely illegal if you don't actually ride a train without paying. That what all this is about.

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  14. What it's like to tango with the MBTA by knifeyspooney · · Score: 5, Funny

    Having lived in Boston for five years, I don't need to RTFA to know what that was like.

    -They arrived at court 45 minutes late without apologizing to the judge
    -During oral arguments, the MBTA's attorney paused several times, each time for 5-10 minutes, for no apparent reason
    -MBTA officials wore blazers acquired off the rack for $9,000 apiece; no immediate plans to purchase pants
    -Despite earning one of the highest wages in the industry, the attorney was surly and lazy

    And, after the judge denied the MBTA's request for an injunction against the hacker, GM Dan Grabauskas issued a press release trumping the agency's legal victory.

  15. "21" movie effect? by peter303 · · Score: 1

    The average-Joe thinks MIT students are more devious than they really are?

    1. Re:"21" movie effect? by Anonymous Coward · · Score: 0

      Untrained and unqualified people are easily impressed. The pros are the ones you'll never hear about - ever.

  16. What now? by SeeSp0tRun · · Score: 2, Informative

    The MBTA has the information, but lets look at this for a moment. The fares in Boston went up roughly $.50 last year on the subway alone, with upwards of $2 on the rail system. This was mainly done to pay for the current Charlie Card system, as well as perform some additional maintenance and renovations in various stations. So after basically overhauling their token system, for a hefty price no less, they are going to spend how much extra for new data storage on fares? Not to mention the people that they will have to hire in order to sort through everything, and apprehend violators in the underbellies of Boston, or New York, or anywhere with a subway.

    I just don't see this going past "We sure showed those MIT kids what was what..." in the board room.
    I use the system at least twice a week, and not even the physical securities have changed since the report was originally filed.

    --
    Something witty.
  17. You F*cking Idiot by mpapet · · Score: 1, Troll

    You do a good job at sounding like you know something about the subject, but you are woefully misinformed and out of date. The reason offline stored value is not used is that it is too slow for transit. By now the speeds are probably better than they were a few years ago. The other reason is the cost structure makes online systems politically attractive. Municipalities waste 100's of millions of dollars up front for implementing online system to have going-forward operating costs negligibly lower.

    The security should lie with the central system.
    There is no need for this kind of antiquated thinking anymore. Their system is centralized. The guy is misinformed about what is stored on the card. The guy is also misinformed about cloning. Where will he source the right card that is ready for initialization? Will he know how to initialize it correctly? It would work in Hollywood, but in real life it's non-trivial.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  18. The moon rules! by Tetsujin · · Score: 2, Insightful

    1-31-07 Never Forget

    Damn right...

    I like Boston but sometimes I feel like there's some kind of epidemic here that causes people to react to problems in the most brain-dead, paranoid methods possible...

    --
    Bow-ties are cool.
  19. Yeah they are by mpapet · · Score: 1

    Busses just send the data off via some kind of modem. Doing it offline is actually cheaper over the life of a transit project by anywhere from 10-40%, but the annual operating costs are slightly higher if they went 100% offline.

    Politically, which do you think wins?

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  20. Wrong interview by Skapare · · Score: 2, Insightful

    This is the wrong interview. What we should have is an interview with top management to find out why they made bad decisions to go with an insecure system. Maybe their excuse is they were not aware of a nearby school with highly qualified consultants to help them in a quest to get a very secure system.

    --
    now we need to go OSS in diesel cars
    1. Re:Wrong interview by Jdogatl · · Score: 1

      It is not just here, it is in a lot of places. This is not even the first public transit system to be hacked in this manner, this past January a group of Dutch students from the University of Amsterdam hacked the upcoming RFID system in a similar manner. This caused a big fall out since they had already invested $2 Billion (nor sure Dollar or Euro but not the point) and parliament is wondering what they can salvage of the system. Students went before the parliament and gave their opinion and suggestions. Edit: last year was this past January

    2. Re:Wrong interview by Anonymous Coward · · Score: 0

      University students or professors for that matter are NOT highly qualified security analysts by any stretch of the imagination. The idea that MBTA's weakness are considered good enough for a final project is proof of that.

  21. Not always by Reverberant · · Score: 1

    The security should lie with the central system.

    flink lays out one reason why central system doesn't make a lot of sense on a multimodal transit system (don't forget they also have boats).

    In the case of rail transit, a centralized fare system will also require a communications system with 100% uptime between the stations and the central system. I've had experience with the station-to-dispatch communications system and it's anything but reliable because the infrastructure is so old. The MBTA is in the process of upgrading the system but it's probably going to be years before 200+ stations are all upgraded.

    In the meantime, if the comm goes down between the station and the centralized fare system, you either close the station until communications are restored (bad) or you let people ride for free until communications are restored (bad).

    Stored values on the card is a decent compromise, but the security on the card should have been tighter.

  22. My Guess? by /dev/trash · · Score: 0, Redundant

    Dollar bills?

  23. Prof Rivest by bugs2squash · · Score: 3, Insightful

    It had to help the students that Rivest was their professor. At least his reputation in the security world goes before him.

    It it were a lesser name in the field would their claim to have been studying the security of the system been taken so seriously ?

    If it had been just some guy in charge of Mississippi state university's computer science curriculum they would likely all be in jail by now.

    --
    Nullius in verba
  24. Not to mention the Felines position on the burlap by RobertLTux · · Score: 1

    Container problem.
    by the time the court had acted
    1 thousands had been given a "presentations cd" as part of the conference
    2 the presentation (and additional details) had been filed in court NOT UNDER SEAL
    3 the MTBA had well and truely annoyed a large number of hackers (of various shades)

    Anybody here that wants the information and does not have it in great detail does not belong here (heck half of Digg has it info by now)

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  25. More security trivia by Anonymous Coward · · Score: 0

    The sad thing is that such security trivia could pass as a final network security project at MIT. MBTA's security problems take minimal technical expertise to exploit. Not worthy of an MIT project IMHO.

  26. Interview Questions by PMuse · · Score: 1

    1. Who initiated the meeting between you and MTBA? You or them?

    2. Did you ride MBTA using non-genuine fare cards?

    3. Did you walk into non-public areas of MTBA?

    That was a love-fest, not an interview.

    --
    "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)