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Obama Administration Wants More Legal Power To Disrupt Botnets

Trailrunner7 writes: The Obama administration has proposed an amendment to existing United Stated federal law that would give it a more powerful tool to go after botnets such as GameOver Zeus, Asprox and others. In recent years, Justice, along with private security firms and law enforcement agencies in Europe, have taken down various incarnations of a number of major botnets, including GameOver Zeus and Coreflood. These actions have had varying levels of success, with the GOZ takedown being perhaps the most effective, as it also had the effect of disrupting the infrastructure used by the CryptoLocker ransomware.

In order to obtain an injunction in these cases, the government would need to sue the defendants in civil court and show that its suit is likely to succeed on its merits. "The Administration's proposed amendment would add activities like the operation of a botnet to the list of offenses eligible for injunctive relief. Specifically, the amendment would permit the department to seek an injunction to prevent ongoing hacking violations in cases where 100 or more victim computers have been hacked. This numerical threshold focuses the injunctive authority on enjoining the creation, maintenance, operation, or use of a botnet, as well as other widespread attacks on computers using malicious software (such as "ransomware" )," assistant attorney general Leslie Caldwell wrote.

67 comments

  1. Simple solution, really by Jhon · · Score: 4, Funny

    Declare bot-nets a utility -- then regulate them.

    (ducks and runs)

    1. Re:Simple solution, really by Anonymous Coward · · Score: 0

      I find it hard to believe that they need a special law for that. They are probably just too lazy to figure out which existing laws they can use.

    2. Re:Simple solution, really by cyberchondriac · · Score: 1, Insightful

      or crafty.. instead of using an old law with just enough power, they willingly forget it and write a new one with a whole lot more power.

      --

      Look back up at my post, now look back down, you're on the Internet. Now look back up. I'm a signature.
    3. Re:Simple solution, really by Anonymous Coward · · Score: 1, Funny

      Declare bot-nets a utility -- then regulate them.

      But if you like your bot-net, then you can keep your bot-net.

    4. Re:Simple solution, really by davester666 · · Score: 1

      Unfortunately, Tor and Bittorrent also fall under the vague definition of 'botnet'.

      --
      Sleep your way to a whiter smile...date a dentist!
  2. Obama Administration also wants by Anonymous Coward · · Score: 1, Insightful

    more freedom in what it can be allowed to label as a botnet. How about any selection of computers in any government, or computers belonging to a large company in a competing market, or a competing foreign economy?

    1. Re:Obama Administration also wants by ganjadude · · Score: 1

      it will be like the definition of a gang "any group of 3 or more people" "any person who controls more than one computer"

      --
      have you seen my sig? there are many others like it but none that are the same
    2. Re:Obama Administration also wants by Jane+Q.+Public · · Score: 1

      more freedom in what it can be allowed to label as a botnet.

      Knowing government, their definition would turn out to include things like SETI at Home and Folding at Home. Then they'd ignore the ones they don't care about, and only prosecute the ones they felt were "bad" for some reason. But if the law covers them all, who knows what that reason might be on any given day?

      That's the way they've done a lot of crap in the past! What we need is less government, not more.

  3. Replace the word Botnet with yourname.. by Anonymous Coward · · Score: 0

    TSIA.

  4. Really? You think? by Anonymous Coward · · Score: 2, Insightful

    Could have stopped at "wants more legal power."

    1. Re:Really? You think? by TheGratefulNet · · Score: 5, Insightful

      do not give them this power!

      they can then 'schwartz you' if they want.

      I would not be surprised if they defined 'botnet' as any automated network job or task. which means anything we do that has any automation to it would be 'against the law'.

      way too much power, here!

      botnets suck but legal means is NOT the way to stop them!

      each time we give the government more legal means to punish, its almost always the wrong 'bad guys' that get punished, like aaron.

      JUST SAY NO to more US laws. we have too many laws already. why they think that adding MORE laws is a good idea, I'll never undertstand. (well, I do understand, but I'll never LIKE it)

      this law, like PATRIOT would be misused eventually. better to not have any law than one that will obviously be misused and probably won't take very long to misuse it, either.

      I'm at the point now where "if you want it, I want you to NOT have it" - meaning, laws that politicians want. if you wanted that, that's enough to show me you don't really deserve it.

      --

      --
      "It is now safe to switch off your computer."
    2. Re:Really? You think? by Lord+Kano · · Score: 1

      You beat me to the punch.
      This is what I was going to say on the matter.

      And to be fair, it's not just Obama. It has been pretty much every head of the executive branch for as long as I have been alive but he's the guy there now.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    3. Re:Really? You think? by Wootery · · Score: 1

      I'll have a go at a less cynical explanation:

      As society advances, there will be an ongoing increase in the number of issues that government needs to address, requiring ever-increasing specific powers.

    4. Re:Really? You think? by Anonymous Coward · · Score: 0

      Government "needs" to address them since society is too lazy to do so on their own.

      We wouldn't need the bloated mess of government that we have if it were not for people that are unwilling to govern themselves. Notice I did not say unable but unwilling.

      As an aside, I did think more cynically that the government would find some "unintentionally" malicious way to use this to their advantage.

    5. Re:Really? You think? by Wootery · · Score: 1

      Government "needs" to address them since society is too lazy to do so on their own.

      It's government or nothing. Sure, in a perfect world, everyone would maintain good security on their own machines. But it's not happening.

    6. Re:Really? You think? by Anonymous Coward · · Score: 1

      ... this law, like PATRIOT would be misused eventually ...

      Unlike the 'PATRIOT laws', which have been misused / abused eventually, to the detriment of the common people, Obama's latest request already pre-packaged with all the nasty intentions that his administration is notorious for --- misused / abuse are guaranteed to happen, for sure
       
      ... and don't forget ... they will lie about it, under oath, and get away with it

    7. Re:Really? You think? by Ravaldy · · Score: 1

      But is this really bad if properly implemented?

    8. Re:Really? You think? by Anonymous Coward · · Score: 2, Interesting

      "do not give them this power!

      they can then 'schwartz you' if they want."

      You are way late, see here about america...

      http://williamblum.org/aer/read/137

      Reason doesn't work the way we thought it does:

      https://www.youtube.com/watch?v=PYmi0DLzBdQ

      Most have no clue what's really going on in the world... the elites are afraid of political awakening (aka global revolt). i.e. they fear you stopping voting for politicians and causing social and political change because the democratic system is a sham.

      This (mass surveillance) by the NSA and abuse by law enforcement is just more part and parcel of state suppression of dissent against corporate interests. They're worried that the more people are going to wake up and corporate centers like the US and canada may be among those who also awaken. See this vid with Zbigniew Brzezinski, former United States National Security Advisor.

      https://www.youtube.com/watch?v=Ttv6n7PFniY

      Brezinski at a press conference

      https://www.youtube.com/watch?v=0kmUS--QCYY

      The real news:

      http://therealnews.com/t2/

      http://www.amazon.com/Democracy-Incorporated-Managed-Inverted-Totalitarianism/dp/069114589X/

      http://www.amazon.com/Shadow-Government-Surveillance-Security-Single-Superpower/dp/1608463656/

      http://www.amazon.com/National-Security-Government-Michael-Glennon/dp/0190206446/

      Look at the following graphs:

      http://imgur.com/a/FShfb

      http://www2.ucsc.edu/whorulesamerica/power/wealth.html

      And then...

      WIKILEAKS: U.S. Fought To Lower Minimum Wage In Haiti So Hanes And Levis Would Stay Cheap

      http://www.businessinsider.com/wikileaks-haiti-minimum-wage-the-nation-2011-6

      https://www.youtube.com/watch?v=hnkNKipiiiM

      Free markets?

      https://www.youtube.com/watch?v=WHj2GaPuEhY#t=349

      Free trade?

      https://www.youtube.com/watch?v=Ju06F3Os64

      http://www.amazon.com/Empire-Illusion-Literacy-Triumph-Spectacle/dp/1568586132/

      "We now live in two Americas. One—now the minority—functions in a print-based, literate world that can cope with complexity and can separate illusion from truth. The other—the majority—is retreating from a reality-based world into one of false certainty and magic. To this majority—which crosses social class lines, though the poor are overwhelmingly affected—presidential debate and political rhetoric is pitched at a sixth-grade reading level. In this “other America,” serious film and theater, as well as newspapers and books, are being pushed to the margins of society.

      In the tradition of Christopher Lasch’s The Culture of Narcissism and Neil Postman’s Amusing Ourselves to Death, Pulitzer Prize-winner Chris Hedges navigates this culture—attending WWF contests, the Adult Video News Awards in Las Vegas, and Ivy League graduation ceremonies—to expose an age of terrifying decline and heightened self-delusion."

      Important history:

    9. Re:Really? You think? by khallow · · Score: 1

      I'm good with "nothing" here. I don't see what government is going to do to address these issues that's better than doing nothing at all.

    10. Re:Really? You think? by Wootery · · Score: 1

      The old anything government does is wrong line, then.

      It's not self-evident that government efforts to stop botnets are doomed to fail.

    11. Re:Really? You think? by khallow · · Score: 1

      You have a reason for your opinion, or is it a hope that this time, the federal government won't abuse the power it's given and which it didn't need?

    12. Re:Really? You think? by Wootery · · Score: 1

      Well sure, that's my assumption. I'm not sure what's the nearest example we can look at.

  5. What about the botnets run by the NSA . . . ? by PolygamousRanchKid+ · · Score: 5, Insightful

    Actually, the headline could have been simply shortened to: Obama Administration Wants More Legal Power!

    And whatever administration that comes next, will also want more legal power.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    1. Re:What about the botnets run by the NSA . . . ? by Anonymous Coward · · Score: 2, Insightful

      And there will be many that will cheer the continual power grab on.
      "So this is how liberty dies... with thunderous applause."

    2. Re:What about the botnets run by the NSA . . . ? by bondsbw · · Score: 4, Insightful

      Yep. Polarizing party politics causes large numbers of citizens to align with parties even when it means shedding their own morals and desires.

      Just to keep this in perspective, this is largely how the Nationalsozialistische Deutsche Arbeiterpartei (Nazi party) gained power. Of course, that's not to say it has anything to do with what was done with that power. But that's the beauty of power... all it takes is allowing a true lunatic to gain that power and we might be in for another world war.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    3. Re:What about the botnets run by the NSA . . . ? by nehumanuscrede · · Score: 1

      *groan*

      No offense, but like the Ben Franklin quote about freedoms vs security, the Star Wars reference about applause needs to be buried and never heard again.

    4. Re:What about the botnets run by the NSA . . . ? by DNS-and-BIND · · Score: 0

      And it was everyone who thought Bu$hitler was going to bring lawless tyranny to America. Surprise! It will instead be brought by a Nobel Peace Prize laureate.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    5. Re:What about the botnets run by the NSA . . . ? by Anonymous Coward · · Score: 0

      It takes a bit more than just a true lunatic. It takes the cowardice and cooperation of other nations to look away or continually draw new lines in the sand. Hitler wouldn't have been anything more than a footnote in history if England hadn't handed them their balls.

    6. Re:What about the botnets run by the NSA . . . ? by Anonymous Coward · · Score: 0

      Surprise! It will instead be brought by a Nobel Peace Prize laureate

      And as we're going to hell in a handbasket, at least we can say "told you so!" to all the people who couldn't spread their ass cheeks fast enough for the Republicans.

      Back when pudge was still around and trolling for the Republicans his answer to "but what happens when the democrats get this power" was "we won't let democraps get this power"

    7. Re:What about the botnets run by the NSA . . . ? by ralphsiegler · · Score: 1

      "Wesa got a grand army. That's why you no liking us meesa thinks. "

  6. useless, dishonorable pricks by Anonymous Coward · · Score: 1, Interesting

    they know that only thing capable of challenging the status quo of espionage landscape are the botnets. Basically, the Government thugs want a monopoly on espionage-over-ip type of business model. While using the botnets that they do take over in their own missions, with plausible deniability all over. "i swear, its those russian ZEUS botherders that did it"... except like... there were jokes about zeus in 2007, how only prepubescent kids use it...

    Not only are THEY not playing by the rules, they want to make an appearance like they are all nice and lawful, while being just as criminal as botherders and operators.

    This is disgusting faggotry. You want to take over a botnet, you do it. Or you dont. Your resourcefulness is the limit...
    Using law to fight in the digital arena is... i wanted to write dishonorable, but lets face it, none of you bastards know/care about the meaning of the word honor, or why it is important. And so it goes.

  7. Computer abuse and fraud act? by Anonymous Coward · · Score: 1

    Doesn't the already existing Computer abuse and fraud act already give his administration all the power they need to go after botnet operators? If not, can somebody explain to me what authority it doesn't give him that he claims he needs?

    1. Re:Computer abuse and fraud act? by userw014 · · Score: 1

      The article mentions "certain frauds" but doesn't try to enumerate or summarize what frauds - and I haven't gone looking at the law itself to see what the "certain frauds" is.

      Could the new definition include crap-ware pre-installed on workstations or that comes with other downloads? What about phone or tablet apps that download advertising? What affect would this have on the app stores?

  8. Government should be a coordinator, not the hammer by Aqualung812 · · Score: 5, Interesting

    If you have a malicious device connected to an ISP, the ISP should be the one to disconnect it. The problem is that the target of the malicious device is often on another ISP.

    Rather than allowing the government to be the hammer and force people offline, the government should create a coordination point where attacks can be reported and the proper ISP and their customers alerted to the activity.

    One of the activities could be creating OSS that allows for firewall logs to send attack information to this central resource.

    Another could be creating a help page that assists end users with understanding why they're having this issue and how to correct it.

    Finally, proposing a Internet remediation zone would be the best end result. Instead of pulling the cord on infected devices, put them on a standard ACL/web filter that only allows them to software updates and AV signatures.

    These are harder tasks for any one ISP to do, but a good thing for government to do.

    --
    Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
  9. Save us! Something must be done! by P3r1$c0p3 · · Score: 2, Funny

    DoJ has declaired that all computers must join the Federal Botnet so they can't be absorbed into other botnets under a new executive order by the president. In other news, a large new botnet is reaking havoc on the internet. President Obama seeks new powers to deal with this emergent threat. Attacks have increased since the formation of the FedNet, and law enforcement is puzzled as to where the attacks are originating. Homeland Security has requested 900 billion dollars to meet this new mystery threat. This report brought to you by Dumbidum the perscription drug that makes you dumber and believe anything the television says. Side effects include obesity, diabetes, general statements with no meaning, defence of the liberal postion, defence of the conservative postion, divorce, screwed up kids who don't know what gender they are, rectal cancer, and death.

  10. Remediation zone by Aqualung812 · · Score: 3, Interesting

    Man, the more I think of it, I REALLY like the idea of a standard remediation zone that all ISPs could deploy.

    DNS would be filtered, only DNS responses to hosts on the allowed list. I would even be ok with MitM changes to DNS queries in this case.

    Again, the idea is that you are only placed in this zone when your device has attacked another.
    Once you think you've fixed the issue, they could allow all DNS traffic again, but watch your traffic to see if the attacks resume. This could be automated, so the end user doesn't have to constantly call the ISP.

    --
    Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
    1. Re:Remediation zone by plover · · Score: 1

      It'd be pretty easy to do, really. Create a quarantine VLAN, and if someone's spewing bad packets, flip them into it. Once inside, there could be all kinds of safety rails. All DNS requests would be hijacked and rerouted to the ISP's special quarantine DNS server. Packets would only be allowed to destinations where a valid DNS request was previously made. No routing would be allowed through the network: all packets must either have a source or destination address within the VLAN. SMTP traffic would be restricted to a few per day, with only a few recipients per day. Some destination ports could be closed, such as IRC. If they were DDoSing a site, perhaps with the LOIC, the address for that site would be completely unreachable from within the VLAN. The account holder would get warning SMS and Email messages, and all port 80 web traffic would be silently proxied and injected with scripted pop-up banners. They would say something like "Some computer on your home network is attempting to damage other computers on the internet. This is likely due to a computer virus or other computer infection. In order to restore service, and avoid falling trap to an online scam, please telephone us immediately using the phone number printed on your most recent billing statement from BigISPco. Your internet connection will remain severely limited until after you have your computers repaired and cleaned, you call us to restore service, and we verify that your computer is no longer attempting to attack other computers."

      --
      John
  11. I'm OK with it ... by CaptainDork · · Score: 2

    ... this ransomware shit is tiresome and needs to be hammered into the ground. I can't find the bastards but the government can't hide a fucking thing.

    --
    It little behooves the best of us to comment on the rest of us.
    1. Re:I'm OK with it ... by Anonymous Coward · · Score: 1

      ... the government can't hide a fucking thing

      Say what???

      There are so many things the government has decided that you are not privy to know (aka hidden from you) and you are here telling us that the government can't hide a fucking thing???

    2. Re:I'm OK with it ... by CaptainDork · · Score: 1

      Think a minute, OK?

      Government abuse has been all over the news lately.

      Manning and Snowden were so far removed from the core of security and walked off with all the goods.

      The government is transparent, but due to incompetence.

      --
      It little behooves the best of us to comment on the rest of us.
  12. Crucifixion is too good for 'em by Anonymous Coward · · Score: 0

    What power could they possibly need, aside from the extrajudicial executions they already perform?

  13. News Flash by MitchDev · · Score: 3, Insightful

    People in Hell want ice water...

    Government always wants more power....

    1. Re:News Flash by Anonymous Coward · · Score: 0

      People in Hel want Fire....

      Bureaucracy Wants to Grow....

      captcha = incisive

  14. No, none of us can do anything about it by Anonymous Coward · · Score: 0

    Declare bot-nets a utility -- then regulate them.

    (ducks and runs)

    http://foreignpolicy.com/2011/11/22/propagandastan/

    If you go to the link above you would know that the government of the United States of America gets to do anything it wants and nobody can do anything about it

  15. Re:Government should be a coordinator, not the ham by andrewbaldwin · · Score: 1

    Oh great!

    This would open the door to even more unsolicited calls from "Microsoft Windows" telling you that you have a problem and offering to supply a fix. Just a minor change to the script 'virus' now becomes 'botnet' and away they go again

    This scam is gradually dying off (in the UK at least -- I almost mis the opportunity to prolong the conversation and annoy the scammers) but I can well foresee it wakening up gain if ISPs were charged with telling their customers that they have a problem.

    It's a nice idea in principle but there are so many potential issues with it (botnet activity on a NAT'd IP condemning multiple users, IP address changing and need to keep up with who is blocked and how/whether to carry the block on next connection ....).

  16. Re:Save us! Something must be done! by JustNiz · · Score: 1

    Dumbidum? Does It have electrolytes?

  17. Re:Government should be a coordinator, not the ham by Aqualung812 · · Score: 1

    Capture their DNS and have it be a website.

    Coordinate with the Ad Council to get them to run PSA showing the standard redirect page and how to check the SSL cert of that page. Remind the viewers that this is the ONLY way their ISP will notify them of an issue and that your hardware and software vendor will never call you.

    --
    Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
  18. Obama Wants More Legal Power To Disrupt Botnets by Feral+Nerd · · Score: 2, Insightful

    So can we now expect the Republicans declare to a crusade to promote the creation of botnets? ...or have I misunderstood how American democracy works these days?

    1. Re:Obama Wants More Legal Power To Disrupt Botnets by blue9steel · · Score: 2

      More likely botnet operators will be labeled "job creators" and given tax breaks. Amusement aside, I'm not opposed to this idea in general but I'd want there to be a strong judicial process around it and some sort of civilian review and oversight of the program long term.

    2. Re:Obama Wants More Legal Power To Disrupt Botnets by Anonymous Coward · · Score: 1

      Did you miss the part where what he wants already exists with judicial oversight and process, he is asking to be able to ignore that part of what already exists.

    3. Re:Obama Wants More Legal Power To Disrupt Botnets by blue9steel · · Score: 1

      Actually what he's saying is that the current system is quite burdensome and slow and he's looking for a way to make things more efficient. Of course more efficient for the government isn't necessarily a good thing in this case.

  19. Simple... by Anonymous Coward · · Score: 0

    make using Windows illegal... *ducks and runs like hell*

  20. Re:Government should be a coordinator, not the ham by nehumanuscrede · · Score: 1

    Dunno.

    Look how well the whole DMCA thing works. Pretty much anyone can toss out a bogus claim and have all sorts of things taken offline without a whole lot of investigation done about the legitimacy of said claim.

    Imagine taking a network offline from the ISP level due to some bogus botnet claim. Getting your YouTube video taken down is one thing, knocking your entire business offline is quite another. Some may consider that to be a strawman, but I try to think about what some idiot with nothing else to do with their time would / could do with such a process in place.

    Some very well thought out rules need to be in place in addition to requiring more than one entity to make the decision. Otherwise, there isn't anything to stop the government from politicizing said new power to shut down sites they dislike, ( say . . . Wikileaks, or The Pirate Bay, North Korea, whatever ) by simply declaring the network to be a bot-net participant. ( Our government would never lie right ? RIGHT ? :| )

    Always, ALWAYS question the motives of any governmental request for additional powers. Like campaign promises, they're only used to get their foot in the door and once given away, they're very difficult to take back.

  21. Re:Government should be a coordinator, not the ham by Aqualung812 · · Score: 1

    Imagine taking a network offline from the ISP level due to some bogus botnet claim.

    That's exactly my point. They're wanting the ability to take you completely offline. I'm proposing a middle ground where you're not knocked completely offline, and getting back online can be automated.

    Always, ALWAYS question the motives of any governmental request for additional powers.

    We agree, that is why I want them to be a coordinator, not the executioner.

    --
    Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
  22. First... by funwithBSD · · Score: 2

    they came for the Botnets.

    --
    Never answer an anonymous letter. - Yogi Berra
  23. Re:Government should be a coordinator, not the ham by Anonymous Coward · · Score: 0

    a coordination point where attacks can be reported and the proper ISP and their customers alerted to the activity.

    Like a CERT-US of some sort? The submission mentioning civil courts is weird. Surely such public danger and disturbance causing crimes committed with a computer are already under an item in the criminal law of the US? It's almost like terrorism, after all.

  24. Yes, botnets. Like the "Occupy" websites. by gestalt_n_pepper · · Score: 1

    Because in the end, that's where this goes.

    --
    Please do not read this sig. Thank you.
  25. Totally unclear by Anonymous Coward · · Score: 0

    How are they currently taking down botnets? At what point do courts block the current procedure, if any?

    You cannot show an injunction to a computer program and expect it to comply, so there's a basic technical step missing from this discussion. I understand neither what they're doing technically, nor what they can't do legally but can do technically (if there's even anything in that bucket at all).

  26. Re:Government should be a coordinator, not the ham by LessThanObvious · · Score: 1

    How are the ISPs responding currently? Is there any current international cooperation for shutting down offenders based on good faith evidence?

    I would tend to agree the ISP responsible for allowing a user to transmit traffic on the internet has the ethical obligation to squash malicious criminal action that is harming other internet users. I'd also like them to be the first line, but I think the government or better yet an independent international team should have abilities that would go beyond those of the ISP as just shutting down access isn't always going to be the first best path toward analysis and prosecution of the attack coordinator.

  27. Going through the motions by Anonymous Coward · · Score: 0

    Why is Obama, Congress and Courts even bothering to go through the motions of PRETENDING half the stuff they do is legal. We know it's not, they aren't fooling us, and least the smart ones and the dumb ones don't matter.

    Either way, they get away with it because the NWO has enough players in enough key positions. They might as well just rule by decre.

  28. More power to disrupt botnets? by MagickalMyst · · Score: 1

    Learn to code.

    --
    Political correctness is really just herd psychology pushed by insecure people who desperately seek social conformity.
  29. How to Disrupt Botnets? by DougPaulson · · Score: 1

    er .. switch off all those compromised Windows Desktop computers out there clogging up the Intertubes ..