Moreover, if we divide it to two parts –
- intention of the act
- potential consequences of the act.
One would have an winning chance if both 1) and 2) is in favour.
If the intention is to help, and the potential consequences are very
damaging, one would have hard time to prove the intention. Other cases
follows the same route.
So he would have been a hero, if both were in his favor. Hard to prove other
cases, so he might need extra(s) to help him out from the mess
-prokash
-----Original Message-----
From: xxxxx@lists.osr.com
[mailto:xxxxx@lists.osr.com]On Behalf Of Walter Oney
Sent: Wednesday, August 20, 2003 6:58 PM
To: Windows System Software Developers Interest List
Subject: [ntdev] Re: Security vs. obscurity (Was: Re: Regmon(a new
puzzle))
Bill McKenzie wrote:
I don’t know Walter, I don’t very often find myself at odds with you, but
I
think you are 180 degrees out of phase on this one.
Hmm. I guess that means that the two of us can therefore occupy the same
space simultaneously? But I digress…
I think throwing this guy in jail for 16 months means that Tornado had
better lawyers than he did, because the technical grounds are weak in the
extreme. I am not clear on how he obtained the customer list, and for
that
he could and probably should have prosecuted, but for letting people know
of
a problem he had given his former employer AMPLE opportunity to fix??
That
is a really really bad precedent to set.
Don’t forget that a criminal prosecution has the government on one side.
Tornado’s lawyers were not in the picture at all, except possibly as
advising management about the implications of complaining to the US
Attorney. This case would have been styled The United States of America
vs. McDaniel. That’s us, folks. We decided, through our elected
representatives, to enact a law about computer crime. The people we’ve
hired to enforce our laws decided it fit this situation. And I agree
with them in the abstract.
You can read more about the appeal in this case, including the
defendant’s brief, at
http://cyberlaw.stanford.edu/about/cases/united_states_of_america_.shtml).
The recitation of facts in this brief obviously has a defense spin to
it, but it indicates that no harm actually resulted from publication of
the security flaw in this case. Furthermore, the publication was to
potential victims rather than to the world at large. In these
circumstances, were I sitting as a judge on an appellate panel, I might
be inclined to view the defendant’s actions as reckless but not
criminal, or perhaps as constituting an *attempt* to commit the crime.
Maybe someday, in my copious free time, I’ll read the government’s brief
in the case. I confidently expect to find Justice Holmes’ famous quote
about how the First Amendment doesn’t let you shout ‘fire’ in a crowded
theater. No more does it let you show a would-be saboteur where the
button is that will set off the bomb.
Even if McDaniel’s actions are ultimately found not to have been
criminal, they were very stupid. Change the facts a little bit, and add
a real attack with real personal injury or great economic harm, and lots
of people would be shouting for blood.
Analogy: I know that some car manufacturers’ cars will explode if you use
the cigarette lighter, and I promptly let the manufacturer know. I give
the
manufacturer several months to correct the problem. Later I see some
couple
at the beach with a brand spanking new car from said manufacturer. I
notice
the couple setting out a romantic picnic lunch complete with romantic
candles. I see one of them heading towards the car with one of the
aforementioned romantic candles, but I say and do nothing. BOOM! Death
by
cigarette lighter. I’m not culpable in this case?
Publicizing this safety defect is not the same thing as telling people
how to sabotage cars so that they’ll explode when the cigarette lighter
is used. I applaud whistle blowing in your car analogy.
This guy, while he may have made these customers vulnerable for a time,
actually did them a HUGE favor. How do we know that this vulnerability
wasn’t exploited? We don’t. I bet we can be pretty sure that Tornado
fixed
the vulnerability now. I think the law makers are not consulting the
“technology haves” when they write laws, nor judges when they interpret
them. Scary stuff.
And you don’t know that it *was* exploited beforehand, either.
Certainly, it became more likely to be exploited once it was publicized.
I’ll say this again, too. The rest of the world thinks we’re children
playing with matches when they see how cheerily we tell each other how
to hack important systems. Some of you may remember the story of the MIT
student and the guillotine… I found it here:
(http://fr.groups.yahoo.com/group/CongoVista/message/16306?source=1)
–
Walter Oney
Denizen of Both Worlds
http://www.oneysoft.com
http://www.oneylaw.com
Questions? First check the Kernel Driver FAQ at
http://www.osronline.com/article.cfm?id=256
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