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Re: Scandal: IT Security firm hires the author of Sasser worm


From: Barry Fitzgerald <bkfsec () sdf lonestar org>
Date: Mon, 20 Sep 2004 15:43:14 -0400

ktabic wrote:

Well, I vaguely recall laws that state that a convicted criminal isn't
allowed to profit from his crime, even after he has served his sentence.
This does, however, sound like he is profiting from his crime.
Think: would he have been given this job if he hadn't had his named
plastered all over the newspapers?

I don't have an opinion on this particular situation. I really, seriously don't.

But, here are some things everyone should think about:

- Have you ever exceeded 20 mph above the speed limit? If so, does that make you incapable of driving a big rig truck? If so, I think we should probably be very wary of our use of the roads. It's much more difficult to get a commercial license if you've been caught speeding, but no one ever said it was impossible.

- What about the people who were never caught? How's the paranoia setting in now? :) Seriously, though, which is more dangerous? A cracker's who's been caught and knows he's being watched, or a cracker who has never been caught and knows that he can silently observe the inner workings of an organization and, with time on his side, exploit it. If you say "the guy who got caught", then you need to rethink your stance on reality.

- How do criminals reintegrate into society if they're not allowed to be gainfully employed in their specialty? You may scoff at this, but it's a very valid question. Not allowing a criminal, once released, to be openly and gainfully employed only gives them more reason to again turn to crime. Would you prefer that he work for the russian mafia writing web exploits? If you want to take away his ability to be employed, then you're virtually forcing him into a life of crime.
         How productive is that?

- Employing known crackers is not new. People have been throwing around the term "unethical" with regard to his employment, but I fail to see how his being employed is unethical. It would be unethical if the company were employing him to crack their opponents, but thus far there's no indication that that's the case. In fact, it hasn't even been mentioned what he was employed to do. How do you know that he's not in a basement somewhere with a 386 and a floppy drive dissecting malware that's been handed to him physically? You don't know what he's doing, so why start making silly assumptions about the basis for his employment? But this practice, of employing known crackers, is not new and it's not unethical. The act of simply employing someone to do a legal job can't be unethical unless what they're being told to do is unethical. If your perspective is that it's unethical *because* he wrote a worm and should be barred from employment for the rest of eternity because of it -- well, you're advocating the use of stigma judication, like having a scarlet A for adultery. I thought we were
         beyond that?

I don't have an opinion on the specific case at hand, but these points apply to the issue. This seems to be the hot topic on the list right now. Can't we just agree that we simply don't have enough information to pass judgement? And, for the sake of the list, let's get off whether someone should be employed or not -- isn't that a better topic for a sociology list than this one? I'll tell you one thing, you'll get better formed opinions on the sociology list. So far, people seem to be taking emotional sides... and that will never lead to a reasoned solution.

               -Barry



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