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Punishing Security Breaches

Posted by CmdrTaco on from the it-has-to-happen dept.

Schneier has a story on his blog this morning about punishing security breaches. This one is in response to the tale of Gray Powell, the Apple engineer who left an important bit of technology in a bar recently. You might have heard of it. You also might have been on either the breacher or the corporate side. I'd hate to be in either position myself.

14 of 151 comments (clear)

  1. Gizmodo May Face Felony Charges by eldavojohn · · Score: 4, Informative
    I caught a an article on NY Times that outlines the San Mateo police's options for prosecuting Gizmodo for purchasing the leaked iPhone. From the article:

    California law prohibits the sale of stolen goods and states that a person who uses someone else’s lost property without permission may be guilty of theft.

    And since it's over $950, it's a felony. Even if they didn't know it was stolen, they could face a lesser charge of "misappropriation of lost property" which is a crime but not theft. Charges haven't been pressed yet but the police say they're investigating the options.

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    1. Re:Gizmodo May Face Felony Charges by Thanshin · · Score: 5, Funny

      And since it's over $950, it's a felony.

      $950? That's nothing. Was there any song in the IPhone?

    2. Re:Gizmodo May Face Felony Charges by Rogerborg · · Score: 5, Insightful

      Beat me to it.

      [Gizmondo] "didn't know this was stolen when we bought it."

      Riiiight. The difference between "found" and "stolen" is entirely in the mind of the... "finder". Heck, you can "find" a bike in the street... if you jump on it quick enough. Hang around gas stations, and you may "find" a car with the keys still in the ignition.

      Go into Gizmondo's office late at night - "find" an open window - and wow, look at all the gear just ripe for "finding". After all if it's not grasped tightly in someone's hand at that very moment, it doesn't belong to anyone, right?

      They paid $5000 for something that they knew - by their own admission - did not belong to the seller. If that's not dealing in stolen goods, then I don't know what is. You don't even have to know the law to be sure - a child could tell you that it's unethical and wrong.

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    3. Re:Gizmodo May Face Felony Charges by Pharmboy · · Score: 4, Insightful

      The question is: will they simply pay a fine, or will someone actually get to face a criminal charge? All too often (in the US) people get off free because the offense is blamed on the Corporation® and not the individual acting on behalf of the corporation. If this is knowingly purchasing stolen goods, then it should be treated like any other case of the same.

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    4. Re:Gizmodo May Face Felony Charges by Yvan256 · · Score: 5, Funny

      Yes there was! Over 9000!

      And according to the RIAA, 9000 songs at 0.99$ each equals 5 billions in damages and 3000 years of prison!

    5. Re:Gizmodo May Face Felony Charges by carvalhao · · Score: 4, Interesting

      Well, since that model of iPhone hasn't been released yet, how can you prove that it's over $950?

    6. Re:Gizmodo May Face Felony Charges by Sandbags · · Score: 4, Interesting

      They paid $5K for the STORY, as registered journalists, and only after discussing this with lawyers, and after both Giz and the device's finder BOTH contacted apple and apple DENIED the prototype being lost. Gizmodo acquired the device under the promise to return it to it's rightful owner should one come forward, and the person who gave them the device could not be blamed for handing it over to an organization with known internal ties at the company.

      Gizmodo never bought the phone, only the story. This has been upheld NUMEROUS times in local and federal courts. Thanks for playing...

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    7. Re:Gizmodo May Face Felony Charges by Hatta · · Score: 5, Insightful

      There are so many instances where something is "wrong," but not illegal, for me to even begin citing them.

      There are also many instances where something is illegal, but not wrong.

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    8. Re:Gizmodo May Face Felony Charges by stonewallred · · Score: 4, Informative

      Which ever one that allows the DA to charge you with a felony. Unless of course you are connected, then it is which ever one that allows the DA to charge you with a misdemeanor which he'll drop under a prayer for judgment. The amount of leeway a DA has is what makes the US legal system appear to be so uncorrupted when compared to the rest of the world. But the corruption lies within the system, at the level of discretion the DA and judges have.

    9. Re:Gizmodo May Face Felony Charges by dj245 · · Score: 4, Funny

      I refer you to the landmark case of Keepers v. Weepers.

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  2. Heard of it? by Yvan256 · · Score: 4, Funny

    Gray Powell, the Apple engineer who left an important bit of technology in a bar recently. You might have heard of it.

    No I have not! What is this "Apple" you speak of?

  3. STOP ADVERTISING FOR APPLE by Anonymous Coward · · Score: 5, Insightful

    Please stop these stupid articles about someone fucking up or planting a phone.

    Stop it.

    Stop advertising for them.

  4. Re:Fired and sued by IndustrialComplex · · Score: 4, Insightful

    There's only one way to take care of someone who leaks mission critical information.

    First you fire them. No sense in keeping them around if they are going to fuck up like that.
    Next you sue them for major damages. Make an example out of them.

    Since a corporation has no way to punish someone with actual jail time, the next best thing is to make sure people think twice before making big mistakes again.

    Then you wonder where all the job applicants went.

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  5. Re:Lessons unlearned... by Yvan256 · · Score: 4, Funny

    But the multitouch screen understands pinching! That would be a waste!