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US Wants UK Hacker To Pay To Fix Holes He Exposed

bossanovalithium writes "Gary McKinnon, whose tribulations we have followed for several years now, is the UK hacker trying to escape extradition to the US. It appears he is expected to foot the bill for the US Government patching holes his breaching uncovered — to the tune of $700,000. It's not really the norm for someone to pay for exploits to be patched — damages fixed, yes, but this is a very different thing." The article paraphrases Eugene Spafford as saying that the victim of a cybercrime should not take the blame. "If someone broke a door to rob a store, he said, it was usual to charge them the cost of the door." Isn't the McKinnon case more like charging him to buy the lock that had been missing when he walked in?

36 of 403 comments (clear)

  1. If he's a hacker... by supersloshy · · Score: 5, Interesting

    ...couldn't he fix them himself? With supervision, I mean.

    --
    "Our country is not nearly so overrun with the bigoted as it is overrun with the broadminded." -Archbishop Fulton Sheen
    1. Re:If he's a hacker... by Anonymous Coward · · Score: 3, Funny

      dd if=/dev/zero of=/dev/hda

      Fixed! At least the holes aren't there anymore.

    2. Re:If he's a hacker... by Jurily · · Score: 5, Insightful

      couldn't he fix them himself? With supervision, I mean.

      If I tell everyone that some houses have a big fucking gap where a door should be, am I responsible for not installing one?

    3. Re:If he's a hacker... by ObsessiveMathsFreak · · Score: 4, Insightful

      You are if you made the owner look like a FOOL!! You're gonna fry.

      --
      May the Maths Be with you!
    4. Re:If he's a hacker... by netruner · · Score: 5, Insightful

      Sure, if a sufficiently arrogant and ignorant attorney brings a case against you.....

      Don't underestimate the arrogance of an attorney, or the ability of people to be swayed by theatrics over substance.

      It's not about what's fair, it's about what one can get away with.

      --



      DISCLAIMER: This post was not checked for speling and grammar- if you complain- you're a whiner
    5. Re:If he's a hacker... by mcgrew · · Score: 3, Insightful

      "If someone broke a door to rob a store, he said, it was usual to charge them the cost of the door." Isn't the McKinnon case more like charging him to buy the lock that had been missing when he walked in?

      More like being forced to buy a lock when he pointed out that there wasn't one to begin with. Whoever left the holes in the software should have to pay that 700k. If the Ubanti Motor Company* sells a car with defective brakes and the brakes fail and cause an accident, the Ubanti Motor Company will pay the damages, not some mechanic that demonstrated the brakes' fault in a different Ubanti Motors vehicle.

      *Fake name to keep fanboys from mismodding

    6. Re:If he's a hacker... by Jurily · · Score: 3, Interesting

      It doesn't matter how he got that information: that's breaking other laws, and there are other punishments for it. Also, he didn't create those bugs, he merely used what was already there.

      To complete my analogy: I may be a robber, but I'm not the one whose job it was to build a complete wall in that house.

    7. Re:If he's a hacker... by TheCarp · · Score: 3, Insightful

      Or more to the point....

      Its like he noticed your house had ACME InsecureLocks and exploited the ACME InsecureLock to get in. Then told someone "hey, you know his house uses ACME InsecureLocks?"

      Your house is no more or less secure than when he started. The only difference is, now people know that you bought locks that were not worth shit. How should that make him liable to buy you "TopBrand SecureLocks"? He didn't buy and install the ACME InsecureLocks, he just pointed out what everyone else could have found out if they just walked up to your front door and looked.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    8. Re:If he's a hacker... by Tacticus.v1 · · Score: 4, Informative

      Except the US Congress have not Ratified the Extradition treaty with the UK
      The UK can not request extradition of people from the USA

      http://en.wikipedia.org/wiki/Extradition_Act_2003#US_ratification.2C_2006

    9. Re:If he's a hacker... by Culture20 · · Score: 3, Funny

      If the Ubanti Motor Company* sells a car with defective brakes
      *Fake name to keep fanboys from mismodding

      That's dangerously close to Ubuntu, friend. Maybe you should leave.

  2. Well, I've learned MY lesson! by NoYob · · Score: 5, Insightful

    If I find a hole in my Government's IT security, I'll keep my mouth shut and let the government hear about it from the Chinese or the Iranians or the S. Koreans or ...anyone but me because they'll send me to jail and make me pay.

    --
    It's NOT me! It's the meds! I'm on 1000mg of Fukitol.
    1. Re:Well, I've learned MY lesson! by Dog-Cow · · Score: 5, Funny

      Gary did scan another country (other than his own).

    2. Re:Well, I've learned MY lesson! by bill_kress · · Score: 3, Interesting

      Very good point except you were probably thinking of N. Korea.

      I get really annoyed that people try to discourage hackers from their own country that might be somewhat loyal. I'd recommend encouraging and paying them.

      The analogy in the summary is flawed... It's more like suppose there are hundreds of people trying to break into your house every minute--Knocking at the door, twisting the knob, slamming against the door trying to gauge it's strength, ...

      Now one kids comes up and notices that you have an open basement window. None of the other attackers have noticed it yet.

      The kid climbs in, doesn't touch anything, looks through your old family pictures maybe, climbs back out--

      At this point he has a choice to make. Does he let you know that you screwed up, does he walk away, or does he try to sell the info to one of the guys hanging around on your front porch?

      What could you do to encourage this kid to make the correct decision?

      Out of all the people in the world, you are unlikely to stop them all by punishing them. You're only likely to influence the decisions of the few that are likely to want to help (and make them less likely). That's the only effect this crap has.

  3. Potholes by Whorhay · · Score: 4, Insightful

    I wouldn't report any kind of crime or safety hazard if this becomes a regular tactic.

    1. Re:Potholes by kylemonger · · Score: 5, Insightful

      The good guys will make you pay them for exposing holes.
      The bad guys will pay you.
      Hmmm, maybe I got the "bad guys" and "good guys" mixed up there.

  4. I have to agree with kdawson... by rwade · · Score: 5, Insightful

    This is exactly like charging for a lock that was never there. Another analogy -- it is like forcing the thief to pay for the security system that the store owner now feels that he has to buy to prevent future actions.

    If he damaged a system by hacking in, that's one thing. He should pay for that. But it's hardly his fault that the holes were there in the first place and he shouldn't be held responsible for funding the software improvements to prevent such actions in the future.

    1. Re:I have to agree with kdawson... by sumdumass · · Score: 5, Interesting

      This is not entirely unheard of.

      I had someone repeatedly break into my garage and take my gas cans for the lawnmowers and root through the cars for money. Eventually, they took an expensive looking but stock car radio. The time that happened, my then girlfriend walked into the garage to go to work and startled the intruder. He knocked her down and ran but wasn't afraid to come back.

      I eventually placed some hidden cameras in the garage and back yard with a dummy camera on the side of the house in plain sight. It took the guy about 5 days to realize the visible camera was a dummy and I got his picture including him rooting through everything and taking crap. I then placed a piece of a set of antique lamps made of sterling silver in the garage but locked them in a cabinet with a window. Anyways, those lamps were valuable enough to make his repeated breaking in worthy of a felony on the crap I could prove he stole alone.

      The prosecutor advocated that the guy pay for the security system and cameras that I had to install because of his actions. The judge agreed and order it as part of his restitution. Of course he couldn't pay while sitting in jail, but as a term of his parole, he had to make payments to an account until the costs were paid off. As I understood it, I could have sued him for the costs but doing it this way made it a condition of his freedom which meant I was more likely to get paid.

    2. Re:I have to agree with kdawson... by Monkeedude1212 · · Score: 3, Insightful

      It's an interesting story - but the one thing that sets it aside is that the cameras were fundamental in the charging him for his crime, possibly even the capture.

      In the full article, it doesn't say what the 700,000 dollars are for. Its a little sketchy on what can be claimed as the "Damage Caused" and whether or not the money is for the systems (and security checks) to be implemented after his breach.

      Whereas you had to set up a Camera to catch the criminal, the US Government caught their criminal and now want to put up the camera. Two different scenarios, which can appear to be so similar that distinguishing who should pay what gets a little fuzzy.

      Peter Sommer (the expert refered to in the article), is basically saying that the security should have already have been implemented. In your case, you can argue that you shouldn't require cameras to be set up in your garage as a basic security measure. Closing and locking doors and windows should be enough.

      Basically the Government did not have a firewall or any security systems in place at all to stop someone from Remoting in. Thats like leaving your door open, and expecting someone not to enter without permission. Someone walks inside, does that constitute as breaking and entering?

      The "Hacker" used a popular program used for technical support to log into a computer. My ISP can't even do that, and all because I have 60 dollars Linksys router at home (not even a firewall), which BY DEFAULT blocks any incoming traffic on those ports.

      That is like placing a lock on your door, which is pretty standard. Which the government didn't do, and is now trying to claim almost 3 quarters of a million dollars for.

    3. Re:I have to agree with kdawson... by PitaBred · · Score: 3, Insightful

      Don't be stupid. The Supreme Court has specifically said the police are not indebted to protect you. If you think otherwise, you're a moron.

      Besides, to your "point", the law is on my side. I have a right to be secure in my possessions and person.

      I will not shoot someone on sight for trespassing. But I will shoot someone who routinely (or even once) burglarizes my home, or assaulted my wife or family. Given the very low rate of catching people for doing those kinds of things, there is very little incentive for criminals to not run rampant, unless there is the risk of them getting hurt. Why do you think that all mass shootings in recent memory have happened in "firearm free" zones?

  5. Re:Taking responsibility for ones actions. by intermodal · · Score: 5, Insightful

    The holes aren't his "damage". The holes were already there. I don't care if a whole wall was missing, if an individual walks into a building and does damage or steals, the damage or stealing is what they are responsible for. Building the wall or replacing the lock is not their responsibility at all.

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  6. Re:Taking responsibility for ones actions. by Monkeedude1212 · · Score: 5, Insightful

    Repaying any damage he would have caused: Expected.

    Going to Jail for his actions: Expected.

    Paying 700,000 Dollars to fix the hole he DISCOVERED (not created): Unlawful.

  7. Faulty locks by Adrian+Lopez · · Score: 5, Insightful

    Isn't the McKinnon case more like charging him to buy the lock that had been missing when he walked in?

    Rather like the lock company demanding he reimburse them the cost of redesigning their badly designed locks?

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    1. Re:Faulty locks by sonnejw0 · · Score: 3, Insightful

      This is security through obscurity, and it's frightening that a government entity relies upon it enough to fine someone for publicly declaring a security flaw. Should Microsoft, Apple, or the Linux Foundation pay a fine every time they patch a security bug, thereby describing how to utilize that bug in all unpatched systems?

      I think not, I think that's ridiculous. But that quickly brings us to the argument that all software that we rely on should be open source so that we can modify it to fix it ourselves ... or the corollary, that all software we rely on should be closed source so it's difficult to find bugs (which is kind of an untrue assumption. I'd rather be in control of how I keep private what I'm trying to keep private. If I don't have control over the means of privacy, I have no privacy at all ... I guess I should go delete my FB account).

  8. It's not paying for the lock... by spydabyte · · Score: 5, Insightful

    It's paying for the research, development, and possibly deployment of a new and improved lock.

    Analogies should be correct to be effective. Sadly, the most effective ones are often incorrect.

  9. China and Iran will tell Washington about it? by rwade · · Score: 3, Informative

    South Korea (the one with Seoul) probably would tell Washington about it, but it's unlikely that China or Iran would. It's more likely that they would exploit the vulnerability in secret.

    1. Re:China and Iran will tell Washington about it? by rwade · · Score: 3, Insightful

      The original poster tossed South Korea (which Washington considers to be one of its strongest military allies) with Iran ( which Washington considers part of the so-called "Axis of Evil") and China (which Washington considers one of its strongest rivals), it is unlikely that he knows the difference.

  10. Analogy, sans car by Bobfrankly1 · · Score: 3, Insightful

    I like the lock analogy, but I think it would be more appropriate to say that they are charging him for discovering that the bolts that hold the locked door shut were missing. He simply pointed it out...

  11. Re:Taking responsibility for ones actions. by pla · · Score: 4, Insightful

    No, it is not simply like charging him to buy the lock that had been missing. If you entered someone's home uninvited and deliberately or accidentally caused substantial cost and damage to the homeowner, you should be liable for your actions.

    I know, right?

    Like last week, these kids walked uninvited across my lawn, and caused substantial damage to a number of blades of grass! And then to add insult to injury, their damned irresponsible parents just couldn't grasp their liability to pony up for the slab, four walls, roof, and two garage doors to "repair" the space their crotch-fruit just casually trespassed across!

    Sure, some scofflaws would point out that I didn't have a whole garage there to start with, so why should they have to pay for the rest? But hey, I had the good solid dirt underneath a future-garage, at least.

  12. logic doesn't enter into it by NotQuiteReal · · Score: 3, Insightful

    These are legal matters we are talking about here.

    --
    This issue is a bit more complicated than you think.
    1. Re:logic doesn't enter into it by JumpDrive · · Score: 3, Insightful

      These are US government and legal matters which we are talking about here.

      There fixed it for you.

  13. Re:Taking responsibility for ones actions. by cabjf · · Score: 3, Informative

    "Great, now everyone knows we have the holes and we actually have to fix them. Everything was fine when people just assumed we had a secure system. Now this guy goes and rains on our parade. Let's try to get him to pay for fixing them."

  14. Faulty Lock Users by eldavojohn · · Score: 3, Insightful

    Isn't the McKinnon case more like charging him to buy the lock that had been missing when he walked in?

    Rather like the lock company demanding he reimburse them the cost of redesigning their badly designed locks?

    From what I can find of his "hacking" abilities on the black vault:

    Somewhat frustrated by the common avenues of UFO research, Gary began some basic computer hacking techniques from his girlfriend's Aunt's house in the mid-late 1990s. Soon he began using a system of scanning for blank administrator passwords on supposedly secure networks ...

    Sounds more like the lock company distributed a working lock to many U.S. government entities and they put the locks on their sensitive possessions but some individuals simply forgot to close the clasp and had no policy for walking around double checking locks. If he did do $700k of damage and bring the system to a halt, he should pay for it. If they are charging him $700k for a script that scans for blank passwords on accounts on their systems and drop it in a chron job, I'll gladly fulfill the work order for half that price!

    --
    My work here is dung.
  15. Car analogy... by mangu · · Score: 3, Insightful

    It's paying for the research, development, and possibly deployment of a new and improved lock.

    Similarly, Ralph Nader should pay for the research, development, and deployment of a new and improved Chevrolet Corvair?

  16. Suit time! by Runaway1956 · · Score: 5, Funny

    You'll be hearing from our lawyers soon. The crashes involving our automobiles were entirely due to operator error. There is nothing wrong with our braking system!!

    Danny Ubanti
    President and CEO
    Ubanti Motor Company Inc Ltd

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  17. Well here is the US claim by the+eric+conspiracy · · Score: 3, Insightful

    From Wikipedia

    "The US authorities claim he deleted critical files from operating systems, which shut down the US Army's Military District of Washington network of 2,000 computers for 24 hours, as well as deleting US Navy Weapons logs, rendering a naval base's network of 300 computers inoperable after the September 11th terrorist attacks. They claim the cost of tracking and correcting the problems he caused was $700,000.[15]"

    So I don't see where the idea that the claim the $700,000 is merely to secure previously unsecured systems originates from.

    If you break into a networkof military computers, it seems reasonable that the owners of the computers would feel that a complete audit of the network to asses damages would be necessary.

  18. Re:No, that's just plain silly. by Timmmm · · Score: 4, Informative

    This is clearly a very intelligent person whose skills are of immense value.

    From Wikipedia: McKinnon claimed that he was able to get into the military's networks simply by using a Perl script that searched for blank passwords; in other words his report suggests that there were computers on these networks with the default passwords active.

    Note that this is never ever reported in news articles. It is always that he 'hacked into' the computers. I think most people would agree that trying blank passwords doesn't really count as hacking, and most people have probably done it at one point in their lives. It is completely ridiculous that he could be extradited over this.