Full Disclosure mailing list archives

Re: redefining research: vulnerability journalism


From: Christopher Gilbert <motoma () gmail com>
Date: Tue, 27 Apr 2010 23:43:13 -0400

As Chen found out, simply stating "I'm a journalist" will not save your
computer when armed men come knocking on your door to execute a search
warrant.

I'm not sure your interpretation holds up; the protections that Wired
alluded to states an exception if "there is probable cause to believe that
the person possessing such materials has committed or is committing the
criminal offense to which the materials relate..." [1]

But I'm no lawyer.

[1] http://www.law.cornell.edu/uscode/42/2000aa.html
<http://www.law.cornell.edu/uscode/42/2000aa.html>

On Tue, Apr 27, 2010 at 6:31 PM, J Roger <securityhocus () gmail com> wrote:

Discovered a security flaw in a production system you had no authority or
permission to audit? Afraid to disclose the information for fear of
prosecution? Don't stress too much, you have some protection if you redefine
yourself as a "vulnerability journalist"

According to a recent Wired article on the "stolen" Apple iphone fiasco,

The federal Privacy Protection Act prohibits the government from seizing
materials from journalists and others who possess material for the purpose
of communicating to the public. The government cannot seize material from
the journalist even if it’s investigating whether the person who possesses
the material committed a crime.

Instead, investigators need to obtain a subpoena, which would allow the
reporter or media outlet to challenge the request and segregate information
that is not relevant to the investigation.

Perhaps the "journalist" title isn't even necessary thanks to the "and
others" bit there but it also couldn't hurt, besides it sounds kind of cool
right. Now this of course doesn't imply that you can't be prosecuted for a
crime, just that they can only use subpoenas and not warrants. Naturally,
being a ethical and moral vulnerability journalist you would never rm any
incriminating evidence as part of the process to "segregate information that
is not relevant to the investigation."

Out: Narcissistic Vulnerability Pimp
In: Vulnerability Journalist

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