Re: Pentester convicted..

[Stuart Thomas <stuartpaulthomas () gmail com>]

There are some interesting debates developing here! :-)

I would argue the main point in this case is - unauthorised access -

No matter how much good will is arguably present (think about the Daniel 
Cuthbert 
<http://www.theregister.co.uk/2005/10/06/tsunami_hacker_convicted/> case 
in terms of the same defense) you have gained unauthorised access. As 
ethical IT security experts, with all our knowledge, skill and esoteric 
talent, we do not have a right to gain unauthorised access. I hate to 
agree with Craig Wright (as I believe his comments on this list to be 
too acidic and un-supportive to the novice - although his frustration is 
completely understandable) however computer misuse legislation across 
the world carries a golden thread, you must have permission to access a 
computer system.

It is frustrating to observe the naivety and yet arguably the good will 
of these individuals who are sentenced to a jail terms (each case on 
it's own merits/demerits of course). I think generally the professional 
community is evolving through professionals bodies, and doing a good 
job. However I believe it is important to maintain the distinction 
between the professionals who follow a code of ethics and maintain good 
morals and practices, with those that are not and do not.

As ever the balance between liberty, freedom of speech, and suppression 
by the state/corporate entities is ever present as we walk through life.


Interesting times.

Stu



Ian Scott wrote:
> So, one night, I'm taking a stroll along main street in my town.  I stop for a 
> rest, and happen to lean up against the front door of a store.
>
> I notice the door gives a little bit - and out of curiousity and concern, push 
> a little harder.
>
> The door opens.
>
> I immediately stop what I am doing, and notify the owners and the authorities 
> that the premises are insecure.
>
> By the absolute legal definition, I have indeed "broke and entered" the 
> premises.
>
> Where the hell is motive in all of this?  I think that unless there was motive 
> to do some harm, this conviction is utterly ridiculous.
>
> That's my quickie opinion on the matter.
>
> Best,
>
> Ian Scott
>
> On May 10, 2006 10:20 am, William Hancock wrote:
>   
> > Hey there pen-testers, take this with a grain of salt, it just got me
> > excited.  I am really interested in everyones opinion on the matter or
> > corporate responsibility and ownership.
> >
> > <RANT>
> > In an article posted to slashdot today
> > (http://it.slashdot.org/article.pl?sid=06/05/10/112259&from=rss) a man
> > has been convicted of hacking when he casually and helpfully reported a
> > security vulnerability to the owners of a web site, in this case The
> > University of Southern California.  It reads like it was some sort of
> > simple SQL injection and upon gleaning the information he reported it.
> >
> > What are we to do as a community I ask?  We should we, the good guys,
> > who are paid for our knowledge and ability to exploit mistakes,
> > oversights, and weaknesses then professionally report them to aid in the
> > securing of information capital (or anyone who reports the flaw for that
> > matter) worry about prosecution.  It lends itself to a forcing the
> > technical community to sit on their laurels and wait for the people who
> > don't report issues to exploit them.  Further it sounds very clear that
> > had he not notified them, they would have never known.
> >
> > A security pro notices a flaw, checks to make sure he is not on crack by
> > 'flipping a bit', deems the threat viable and is likely to be exploited,
> > notifies the owners, then get arrested and charged with unauthorized
> > access.  We, as a or even The security community, should push
> > corporations, governments, and organized body's to take responsibility
> > and ownership of their problems.  If they publish a site that is flawed
> > or exposing information then they are authorizing the retrieval of that
> > information.  I'm not advocating that they laws should allow any jerk to
> > try and brute his or her way in to a public or private web site, but
> > come on.
> >
> > If someone leaves their wallet in the park with no guard or protection,
> > I pick it up and bring it back to the owner, the owner didn't want me to
> > have it but I brought it back to him.  Why in the hell should I have to
> > go to jail for returning it to him, why should I/we be punished for
> > doing the right thing?
> >
> > I acknowledge this to be a rant but there must but some way to insist
> > that when people make something available to the public that it is their
> > responsibility to safeguard it and appreciate not persecute someone who
> > let's them know (for free I might add) that a weakness exists.  This is
> > simple scapegoating, the University did something not advisable as a
> > good practice and instead of owning up to it they villafied a
> > professional pen-tester for offering valid advice.
> >
> > </RANT>
> >
> >
> > Thanks,
> > Bill
> >
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