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Proposed Active-Defense Bill Would Allow Destruction of Data, Use of Beacon Tech (onthewire.io)

Trailrunner7 quotes a report from On the Wire: A bill that would allow victims of cybercrime to use active defense techniques to stop attacks and identify attackers has been amended to require victims to notify the FBI of their actions and also add an exemption to allow victims to destroy their data once they locate it on an attacker's machine. The Active Cyber Defense Certainty Act, drafted by Rep. Tom Graves (R-Ga.) in March, is designed to enable people who have been targets of cybercrime to employ certain specific techniques to trace the attack and identify the attacker. The bill defines active cyber defense as "any measure -- (I) undertaken by, or at the direction of, a victim"; and "(II) consisting of accessing without authorization the computer of the attacker to the victim" own network to gather information in order to establish attribution of criminal activity to share with law enforcement or to disrupt continued unauthorized activity against the victim's own network." After releasing an initial draft of the bill in March, Rep. Tom Graves held a public event in Georgia to collect feedback on the legislation. Based on that event and other feedback, Graves made several changes to the bill, including the addition of the notification of law enforcement and an exception in the Computer Fraud and Abuse Act for victims who use so-called beaconing technology to identify an attacker. "The provisions of this section shall not apply with respect to the use of attributional technology in regard to a defender who uses a program, code, or command for attributional purposes that beacons or returns locational or attributional data in response to a cyber intrusion in order to identify the source of the intrusion," the bill says.

18 of 69 comments (clear)

  1. Sure...no pandora's box here.... by cayenne8 · · Score: 5, Interesting
    While I understand fully the thoughts behind doing something like this....I just think "Wow...what could possibly go wrong here...?"

    I'm guessing that large businesses could get in on this too? If not now, just wait....

    And, we've seen how well just take down notices work....often not even justified, but still...the party acted upon is now guilty till proven innocent.

    What constitutes a valid victimization? Telling someone you don't like them? They small bad? That allows them to infiltrate your computer, destroy information...etc?

    This sounds like a real pandora's box being opened here.

    --
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    1. Re:Sure...no pandora's box here.... by Anonymous Coward · · Score: 4, Insightful

      "What constitutes a valid victimization?" ICMP the wrong port and they can say you're trying to penetrate their services? Mmmm, Beacon.

    2. Re:Sure...no pandora's box here.... by LifesABeach · · Score: 3, Insightful

      Given Toms "a child of 8 year old heat of the moment mentality" what could possibly go wrong? And is the DOJ so fucking bloated that going after the bad guys to much for them?

    3. Re:Sure...no pandora's box here.... by AHuxley · · Score: 3, Insightful

      A group moving data around the world would use a series of unexpected holding or staging servers with fast networks to mask their final ip.
      This will not be a move of data from a company direct to a "home" "desktop" computer with some dial up modem.
      Once the "owner" detects their data and sends the code?
      That data could be sitting on any random fast network around the world without been noticed. Strange computers sending to code to and altering a computer to do something to data on that network?
      The resulting intrusion and clean up will be very expensive and disruptive to any third party.

      --
      Domestic spying is now "Benign Information Gathering"
    4. Re:Sure...no pandora's box here.... by currently_awake · · Score: 4, Insightful

      1-Evil Hacker hacks into Facebook network. 2-Use to launch attack against Microsoft. 3-Microsoft detects attack, traces to Facebook, launches counter attack and searches for their data. 4-Facebook detects intrusion, traces to Microsoft, launches counter attack and searches for their data. 5-Evil Hacker finishes downloading data, sits back and eats popcorn while Cyber WW3 erupts.

    5. Re:Sure...no pandora's box here.... by AHuxley · · Score: 2

      Think of the fun a well funded third party clandestine service could induce the USA to do.
      They find a US beacon effort in the wild and alter its mission just a bit.
      Place it in nations they don't get along with and watch as the US reports "hacking" from a list of other nations flood in.
      The US has 100% evidence and proof that "other nations" are evil and the special secure beacon code was running in their networks and ip ranges.
      Special citations and commendations for that clandestine service as the USA so trusts its beacons results and code.

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      Domestic spying is now "Benign Information Gathering"
    6. Re:Sure...no pandora's box here.... by butzwonker · · Score: 2

      I agree with you but your example is a bit unfortunate. The problem with this bill seems to me that the counter-attack will be completely illegal in almost every other country in the world. This creates all kinds of legal problems for US companies and also many practical problems for police forces, prosecutors and security companies in other countries. In any case developers of 'counter-attack' software ought not be surprised if they are arrested once they leave the US.

  2. Mr. FBI Agent sir, by WolfgangVL · · Score: 5, Funny

    I was just "destroying my hacked data"

    Facebook had hacked my browsing data...
    The FCC was hosting my stolen data...
    The "agencies" had hacked my communication devices....
    Linkedin...
    Tumbler...
    Myspace...
    IRS...

    --
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    1. Re:Mr. FBI Agent sir, by Cyberpunk+Reality · · Score: 4, Insightful

      People are modding it funny, but that's because it's half true.

      Sony or the FBI will be allowed to compromise your hardware at will. But if you so much as peep back, they'll drop the legal equivalent of a 10 ton weight on you.

      --
      Rule 35 of the internet: "If it can be hacked, it will be". - Charles Stross
  3. Attack Google and Microsoft? by Bing+Tsher+E · · Score: 2, Interesting

    So this bill empowers me to attack Microsofts and Googles servers to destroy my data that they have taken?

  4. Hmmmm by JThundley · · Score: 4, Funny

    So I have to tell the FBI that I'm going to hack the NSA to destroy my data?

  5. AC/DC Act by PopeRatzo · · Score: 4, Insightful

    The Active Cyber Defense Certainty Act, drafted by Rep. Tom Graves (R-Ga.) in March

    Republicans have seen too many Hollywood hacker movies. They want people to believe that after someone steals their personal information, they'll be able to click a big red EXECUTE button on the screen and it will launch a counterattack and steal back their data.

    In reality, the people who are victims of this type of data theft aren't going to have access to these "Beacon" tools. But copyright trolls and malware thugs almost certainly will. In the end, this will be just another corporate giveaway.

    The cyber is hard.

    --
    You are welcome on my lawn.
    1. Re:AC/DC Act by rtb61 · · Score: 2

      Meh, who cares, mountain out of a mole hill. News at eleven corrupt lobbyists and corrupt politician attempt to write constitutional challenged laws that would empower corporations to enslave and attack citizens, the flaw, something to do with search warrants and how they are carried out, you know, no search warrant, no search, no removal, no nothing. Also affects possession laws, with no proof required of right of possession to denies others the active possession. What could possibly go wrong with writing stupid laws, that enable corporations to act as, judge, jury and executioner, with no right of defence for the victim.

      People are talking about returning hacks, how about stand your ground laws. A corporate tech expert attacks your network, to defend it, you enter his office and shoot them in the face, it's the law, it's defence of property and there is no denial of the attack and it's intent, so how does it balance out with stand your ground laws and defence of your property.

      Stupid bought of politician, puts their name to stupid paper that a stupid lobbyists wrote, paid of by corporations seeking more power over citizens to own and control them and it all ends up in the bin but the lobbyists walks away with tons of money.

      --
      Chaos - everything, everywhere, everywhen
  6. Foolishness. by Gravis+Zero · · Score: 4, Interesting

    What this is going to enable people to do is destroy zombie computers and devices under the guise of retribution. While this may seem good at first, it's just going to be the moms and pops of the world losing all their data because they got infected with a virus and somebody unleashed hell on their machine. It seems like it would be far more helpful to require ISPs to detect a DoS in progress and cut off the infected customer. A scorched Earth campaign will do little to change the world.

    --
    Anons need not reply. Questions end with a question mark.
  7. Re:Blinking Midnight by zlives · · Score: 2

    i think the idea is for you to hire some shadow runners to get your data blocks back by using some ICE.

  8. Re:Blinking Midnight by bobbied · · Score: 3, Funny

    "Siri, find and destroy all my hacked data!". thank you.

    FIFY

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  9. The Physical Analogy by Josuah · · Score: 4, Insightful

    The analogy is if you suspect someone of stealing your wallet, you are allowed to break into their house, search through it to find and take back your wallet, destroy a few things here and there to prevent them from pickpocketing in the future, and then call in the police to arrest the guy.

    Oh, but if you made a mistake and destroyed some random person's stuff, well, you were still acting within the law.

  10. This idea is so full of wrong by TiggertheMad · · Score: 4, Insightful

    I am curious how this is going to not constitute destruction of criminal evidence when the first court case goes before a judge...

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