Security Incidents mailing list archives

Re: Cracked; rootkit - entrapment question?


From: dbrumley () RTFM STANFORD EDU (David Brumley)
Date: Fri, 17 Mar 2000 13:11:26 -0800


Read:
http://www4.law.cornell.edu/uscode/18/1030.html
for the actual statute.  After that it's a matter of being a priority for
the FBI (I'm sure they are overworked and have to take cases they think
have a reasonable chance of success).

-david.

On Wed, 15 Mar 2000, Robert G. Ferrell wrote:

I keep reading various news articles that indicate that federal law
currently states that the FBI is not allowed to investigate if they believe
that the damage is under 5,000 dollars per computer

It really isn't a matter of not being "allowed" to investigate; it's more that
they have great difficulty getting the US Attorney's Office to prosecute cases
where significant monetary damage isn't demonstrated.  You see, once a year they
have to justify their budget requests to Congress.  Congress likes to see hard
figures.  They don't appropriate money for investigating "loss of trust" in a
company due to an intrusion.

I've seen signs that this attitude may be changing, but it's a very slooooow
process.

RGF

Robert G. Ferrell, CISSP
Information Security Officer
National Business Center, US DoI
Robert_G_Ferrell () nbc gov
------------------------------------------------------------
Nothing I have ever said should be construed as even vaguely
representing an official statement by the NBC or DoI.
------------------------------------------------------------


--
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David Brumley - Stanford Computer Security - dbrumley () Stanford EDU
Phone: +1-650-723-2445    WWW: http://www.stanford.edu/~dbrumley
Fax:   +1-650-725-9121    PGP: finger dbrumley-pgp () sunset Stanford EDU
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c:\winnt> secure_nt.exe
  Securing NT.  Insert Linux boot disk to continue......
            "I have opinions, my employer does not."



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