Security Basics mailing list archives

Re: A reminder that security is not inherently solvable with tech nology


From: "Meritt James" <meritt_james () bah com>
Date: Tue, 28 Oct 2003 12:26:58 -0500

In my opinion, the problem is less that individual countries have
adequate laws (though such is often the case) but that there is a
paucity of agreement concerning offenses which cross national
boundaries.  Extradition agreements seldom extend to cyber offenses, for
instance, even when something is illegal both where the offense was
committed and the location where the offender resides.

Jim

Jack Solomon wrote:

On Fri, 2003-10-24 at 19:02, Hagen, Eric wrote:
The fact is that in the US, an individual would likely be arrested for even
threatening to release this information.  The problem with the countries
overseas is that US laws, especially the privacy laws, are virtually
unenforcable.  While the activity of releasing that information it illegal
in the US, it is not usually illegal in another country, therefore, even if
the individual released that information while residing in his native
country, his actions would be entirely lawfull, and even under extradition
treaties, the US would have little or no recourse in sequestering that
information, which is a huge problem.

Just my 2c.

Eric

My 2 pennies...

I find it interesting that you consider unenforceability of US laws across
the rest of the world a problem.  Whether North America grasps it or not, it
is part of a larger community.  Over here in the UK we have a very good
legal system.  We've got legislation too, including the Data Protection Act
and the Computer Misuse Act.  It is illegal to disclose private information
in the UK and this is regularly enforced, both through civil actions and
criminal prosecutions.

Believe it or not, the world outside of the US is not comprised of backward
third-world countries.  Of course, it is not a good idea to outsource your
banking operation to fraud-centres like India, but don't loose sight of the
fact that when the US does business with the rest of the world, its citizens
and their businesses are protected by something invented in Europe about a
thousand years ago, International Law.

Regards

Jack

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-- 
James W. Meritt CISSP, CISA
Booz | Allen | Hamilton
phone: (410) 684-6566

---------------------------------------------------------------------------
Forum Systems PRESIDIO: PGP / XML GATEWAY APPLIANCE
The Presidio integrates PGP data encryption and XML Web Services security to 
simplify the management and deployment of PGP and reduce overall PGP costs 
by up to 80%.
FREE WHITEPAPER & 30 Day Trial - 
http://www.securityfocus.com/sponsor/ForumSystems_security-basics_031027 
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