This hacker might seem shady, but throwing him in jail is bad for everyone(washingtonpost.com) |
This hacker might seem shady, but throwing him in jail is bad for everyone(washingtonpost.com) |
Now imagine that you come upon a computer and that you click on one of the favorites. It's a banking website. No password, no HTTPS, no access controls at all. Who is responsible for the security breach? You or the bank?
I would argue that if there are no technological access controls in place, there is no such thing as "unauthorized access" You can't be unauthorized if there is no authorization. The default on the internet is "can access"
They're prosecuting him for the digital equivalent of walking down a street and taking pictures of houses which don't display numbers on their mailbox.
This is really the main point to me and I'm really confused as to how the law doesn't agree with this. How can you claim unauthorized access to something when there are no systems in place to grant or deny authorization? Comparing this to walking into someone's home who left the door unlocked (as someone in this thread has done) is bogus to me. Private property is private property and social norms (as well as the law) dictate that you don't just stroll into someone's home even if the door is open. The internet does not work that way and never has.
Except in many cases the private property is being made accessible. Imagine going to an open house and the owner accidentally left the basement unlocked. You open the door and walk down, then get arrested for breaking and entering.
That can be construed as impersonation without unauthorized access, which is in some jurisdictions is illegal.
But that is not what AT&T did, which is more like a open brothel with conference rooms and private bedrooms. They just let in anyone that looked in one type of attire, and had some numbered badge come into one of the reserved conference rooms. IoW, the security person did not ask for ID, or a password to enter. The fault lies on the brothel, not the visitor. For all we know, anyone could have come in looking with that attire, and a matching badge out of coincidence (maybe there was a costume party, who knows, still the brothel did not do a good job of securing the reserved conference rooms).
> No password, no HTTPS, no access controls at all. Who is responsible for the security breach? You or the bank?
The bank, they are not complying with the legal statues, and more than likely violating their own privacy policy, if any exist.
> I would argue that if there are no technological access controls in place, there is no such thing as "unauthorized access" You can't be unauthorized if there is no authorization. The default on the internet is "can access"
That is correct. In that analogy, it would be an open business, like store or malls. It follows jurisdictions of private properties, with some business statues, but overall, since it is an open-doors business, there are no authorization requirements.
> They're prosecuting him for the digital equivalent of walking down a street and taking pictures of houses which don't display numbers on their mailbox.
No. Like in the example above, they are charging him of wearing an attire with a numbered badge, and coming into the reserved conference room, and learning the attendants names or addresses (which should not be there in the first place, esp. with no security protocols). The worst they can charge him is for impersonation. However, what can incriminate him is if the pages he visited clearly displayed or linked the Term of Services or EULA, which does detail this scenario, and he violated it in some way.
Or is it like walking into someone's private home because they left the door open? Or merely unlocked?
The law likes to operate on analogies, because analogous situations are ones for which we have precedent, and precedent makes the law predictable. The sad thing is, precedent goes back to the pre-computer era, too, and isn't necessarily overturned just because new technology with new social expectations is involved. Maybe in a couple generations.
Well it was right in the same store you invited me in to! There was no sign or lock or anything saying not to look at the shelf.
This was a PUBLIC website... you are supposed to be able to visit it. If you make a request to a server without providing authentication and it returns data, that is not your fault. That is what you are SUPPOSED to do to servers. If it asks for authentication and tells you you are unauthorized, but you brute force the password or find an exploit, then THAT is a crime. There was not authentication in this case.
I think the way I would go about arguing against it is that people on the street/sidewalk have no expectation of privacy. There are literally no access controls of any kind. Anyone can walk on the street; billionaires and homeless alike. There are no societal conventions that privacy is assured on the street and if you end up in someone else's picture it's your fault, not theirs.
Houses are not the street. They are private property. We do have a reasonable expectation of privacy there (NSA notwithstanding) and a part of privacy is access control. So the right of the owner of a house to control access to his house is fairly well understood and accepted even in the case where a house might be unlocked or a door left open.
The real question is this: Is the internet like the street or a house? The answer, in my opinion, is that "it depends" because websites can act both ways depending on how they are designed and implemented.
HN is basically a street in that it has no access controls to view content. Very nearly every page on HN can be accessed by the public (linked to or not) without being logged in. The URL of your comment is https://news.ycombinator.com/item?id=6434945 for which I didn't have to type in a password. What about comment https://news.ycombinator.com/item?id=6434944 or https://news.ycombinator.com/item?id=6434946? Should they be "protected" by virtue of them not being displayed on the webpage right now?
My credit union's website is a bit of public street and a lot of house. I can view their promotional materials without any authorization but in order to get to the good stuff I have to enter both a username and a password, then pass a captcha. That is an access control.
What is the case with the AT&T website? Did they do anything to secure the content with a technological access control like a username/password? Did they filter the service such that the webservice would only return an email address if it was accessed by the same MAC address of the iPad that was sold to the customer? No, they did none of these things. Their only "access control" was a user-agent string which isn't guaranteed ANYWHERE to be accurate.
EDIT: changed a couple of words
It's more like if you were to walk into a retail establishment where the employees left the door unlocked after heading home for the day.
You can't buy anything because the cash register is locked, and taking something would clearly be stealing, but if sign posted says "we're open", can you be faulted for looking around?
BANG. Jail Time.
In any case, that is very typical IRC conversation for a large portion of that subculture. They joked about doing these things, but they didn't actually take steps to do them. He considers himself a satirist, so it's not much different than some comedians talking nonsense over beers and having it show up in an indictment.
One of the chatters observing said they should post the list to full-disclosure. Weev replied saying "no, don't do that, its potentially criminal." He then talked about how he gets to spin it in the media and he's won. That says pretty clearly that he was only out to make a scene, which is what he has always done.
Also, Weev himself says that he is unwilling to short AT&T's stock - I think he understood the ramifications that would have.
Imagine you walked into a public library and struck up a conversation with the librarian:
You: Can you tell me general information about this library?
Librarian: Certainly, this library was built in 1990, has a million
books on its shelves, and...
You: What are the hours?
Librarian: Monday to Saturday, 10AM to 8PM. Sunday, 10AM to 5PM.
You: Frothy bacon generates utilitarian synapses!
Librarian: I'm sorry, that's not really a proper question I can help
you with.
You: Can I borrow book identified by ISBN 4961357406830?
Librarian: Sure, here you go.
You: Can I borrow book identified by ISBN 6498794651315?
Librarian: Sure, here you go.
You: Can I borrow book identified by ISBN 9840546790354?
Librarian: Sure, here you go.
You: Can I borrow book identified by ISBN 3168706780943?
Librarian: Sure, here you go.
You: Can I borrow book identified by ISBN 7893781056145?
Librarian: Sure, here you go.
You: Can I borrow book identified by ISBN 2764894617987?
Librarian: Sure, here you go.
You: Can I borrow book identified by ISBN 9764660911970?
Librarian: Sure, here you go.
You: Can I borrow book identified by ISBN 6666666666666?
Librarian: Sorry, that book doesn't exist.
You: Can I borrow book identified by ISBN 8669177714641?
Librarian: Sorry, you've been requesting too many books lately.
You: Can you let me into the Staff lounge?
Librarian: Sorry, you'll need to show me your staff credentials when
asking.
You: Can you provide me with a list of all employees and their
salaries?
Librarian: Sorry, you are not allowed to have that information.
You: Can I use the general conference room on the third floor?
Librarian: Actually, that was moved. It's now on the second floor.
GET /
200 OK - This library was built in 1990, has a million books...
GET /hours
200 OK - Monday to Saturday, 10AM to 8PM. Sunday, 10AM to 5PM.
POST /frothy-bacon-generates-utilitarian-synapses
400 BAD REQUEST
GET /books/4961357406830
200 OK - [contents]
GET /books/6498794651315
200 OK - [contents]
GET /books/9840546790354
200 OK - [contents]
GET /books/3168706780943
200 OK - [contents]
GET /books/7893781056145
200 OK - [contents]
GET /books/2764894617987
200 OK - [contents]
GET /books/9764660911970
200 OK - [contents]
GET /books/6666666666666
404 NOT FOUND
GET /books/8669177714641
429 TOO MANY REQUESTS
GET /admin
401 UNAUTHORIZED
GET /employees/salaries
403 FORBIDDEN
GET /floor/3/conference
301 MOVED; Location: /floor/2/conference
The librarian is smart enough to not hand out things like access to the staff lounge, a list of employees and their salaries, or even things like an arbitrary library member's borrowing history. The web server has been configured to not hand out things like admin access or other things which are deemed sensitive, but the owners of the web server have taken the position "Well, nobody's going to be guessing ISBN numbers, so we'll let anybody on the internet request the contents of those books."
When is the onus on the web server owner to configure their security properly? When is a "200 OK" response actually not okay? This is the "mind reader" aspect the article mentions.
1. You just finished your workout and went to a locker room at your gym (he went to a public website)
2. You opened up your own locker and took your stuff from it (checked his account)
3. You found out that very few people are using locks in the gym locker room (figured the account id in url )
4. You know that it is not your belongings in other people lockers, but they are not locked just because people are just lazy or don't want to spend money on the lock (he knew that those accounts do not belong to him, and were accidentally not locked by by at&t)
5. You decided if those lockers are not locked - that means that clothes inside of those lockers are public property and you can easily borrow them (tried to browser to other urls and get private account info)
6. You go ahead and try opening every single locker in a room and put all the belongings you find in opened lockers on ebay to make profit and sell it, BEFORE letting know the owners or the gym that those belongings are not locked. (sold private data to somebody)
I think thats not legal behavior, as long as you understand that the property you are taking is not yours - you are making a crime by taking it (stealing)
It also wildly disconnects around point 6. You make it sound like he stole everything that the users had in the accounts. In reality, he just copied their info. He didn't give himself anything from their accounts, like transferring credits to give himself free cable or something like that. Instead of stealing everything and selling it on eBay, it was more like him going through people's lockers, taking a picture of what they have inside, and then selling the pictures.
But this technique, known as "scraping," is surprisingly common among
technologically sophisticated users and has a number of legitimate
applications.
To get a list of sex offenders, Poulsen wrote an automated program to search the
Department of Justice Web site for each zip code
in the United States and then save the name and
address of each registered sex offender in that
zip code to a file.
Yet most people would agree that Poulsen's actions
were a legitimate journalistic project. So we might
want to be careful about subjecting this kind of
technique to criminal penalties.
I'm sorry for the detour, but the whole article is trying to defend weev while linking to atrocious actions of that guy in the past and coming up with the most despicable (Thanks Hollywood, learned a new term) reason for scraping _ever_. Disgusting.
No analogy in the world is going to change the fact that User-Agent checking and sequential id:s are not security features. And if courts are allowed to make them security features it is bad news for everyones security.
If I _request_ something from you ("hey, can I borrow your car?"), and you give it to me, then what's the problem here?
However, I find WP's use of Poulson's activities as an example of "legitimate" automated HTML retrieval ("scraping") to be an odd one. It seems an awkward a comparison to convey what should be a simple point, in my opinion.
How about something much more common? Googlebot. Imagine if we forbade Google from using automation and from scraping content and placing it in the Google cache. No more web search.
Alas, because of the ad hoc nature of the Web (i.e., there is no unifiying organizational scheme for locating content across all websites as there would be in, say, locating content in a library of books), you cannot access Web content until you first discover it. In order to discover content, you generally have to search. In order to create an index and cache of content to search, someone has to scan/crawl/scrape websites. The later three are activities that are routinely automated. As such, they will violate many website Terms of Service and may get you banned simply for being "automated".
In fact, to use Google as an example (not picking on them per se, it's just that they are a well-known example), crawling Google will "get you banned" from using Google, temporarily.
The irony of this has always intrigued me: Google may crawl your servers, but under Google's policies, you may not crawl Google's servers.
If I create an index of your website, at your expense (by aggressively running automated queries against your http server, as Google does, for example), am I obligated to share it with you?
In any event, attempts to criminalize automation should raise red flags with anyone who is even slightly tech savvy.
It looks like some of their site can be crawled and some not, that's how robots.txt has worked for a long time:
What are you suggesting?
You are welcome to critique, not harass⸮:
What he did is like sticking a GM car key into a Toyota. Generally that doesn't work, it shouldn't work... but what if it does anyway? shouldn't the company that makes the cars fix that?
It is similar to accidentally posting all those email addresses on a bulletin board on the street and hoping no one reads them.
I still bailed him out of jail for the time leading up to and during his trial. Why? Because UNPOPULAR SPEECH SHOULD NEVER BE CRIMINAL, no matter how revolting. Indeed, it is the unpopular and revolting stuff that needs the most defending:
"The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all." —H.L. Mencken
If I were to threaten to murder you, you wouldn't expect the police to say "Eh, nothing we can do, he's got a right to free speech. Call us back after he shoots you, you'll have a case then."
William Roper: Yes, I'd cut down every law in England to do that!
Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat?
FTA: "His rise as a folk hero is a sign of how desensitized to the abuse of women online people have become," Sierra said. "I get so angry at the tech press, the way they try to spin him as a trickster, a prankster. It’s like they feel they have to at least say he’s a jerk. Openly admitting you enjoy ‘ruining lives for lulz’ is way past being a ‘jerk’. And it wasn’t just my life. He included my kids in his work. I think he does belong in prison for crimes he has committed, but what he’s in for now is not one of those crimes. I hate supporting the Free Weev movement, but I do."
She is so much better person than I am.
Which is why he was convicted of. Harassment laws could also be implemented, depending on the jurisdiction.
When we want weev free, we're fighting for law and society, for just principles, not for the individual.
If they want to charge him under any other numerous crimes (data theft, attempted extortion, being an asshat) then I wouldn't have a problem with it either because those are things he's guilty/might-be-guilty of.
Hacking and violating the CFAA is not one of his crimes.
If weev harassed this woman in the manner described in the article you reference, he probably should be prosecuted for that. But it's not ok for prosecutors to put him in jail for something that should be perfectly legal, just because they can't (or didn't) put him in jail for something else.
It has the form of an outrage article without any actual content, as if someone fed Tumblr and Vice magazine into a Markov text generator.
1; DROP TABLE books; --
Including ones like:
1 AND ("1" = SUBSTRING(select social_security_number from employees where employee_name = 'Angela Smith', 1, 1))
You can use variations on this to...
a) Ask our librarian for a series of about 50 books and hear whether or not she has them in stock.
b) Read Angela Smith's Social Security number right out of the database.
There apparently exist a lot of people on HN who would prefer to think that, despite my near-magical ability to correctly divine the SSN of any employee (or any other piece of data in the DB) with a SQL injection attack, the fact that I'm just looking at a book listing page in a totally authorized fashion means I must not be doing anything wrong.
To repurpose his analogy, if you sneak into the staff room and the librarian doesn't notice and doesn't stop you, you can't use that to say it must have been okay.
You: Can I have this book?
Worker: No, sorry, not allowed.
You: It's ok, the boss said so.
Worker: I don't think so.
You: We're friends, right? You don't say no to your friends, do you?
Worker: Well, ok, I guess you can have it.
In normative arguments, analogies are used to bend reality to make your position seem reasonable regardless of whether or not it actually is. It would be better to judge weev's case on it's own merits rather than try to justify a position using increasingly complex analogies.
This doesn't always work (particularly not for truly disruptive technical or social changes), but it's a pretty good way of doing it.
The problem here is that AT&T employed a human being to design an automated system who didn't know enough about the automated system to ensure that it was correct. And then this automated system did exactly what it was told to do and made AT&T look bad.
But the fact that the code running on the webserver didn't reflect the intent of some AT&T exec or their company policy isn't the fault of those accessing the webserver. It's AT&T's fault for doing a really terrible job of QA/QC on their own systems prior to a really big launch.
> When is the onus on the web server owner to configure their security properly? When is a "200 OK" response actually not okay? This is the "mind reader" aspect the article mentions
This is why the laws usually care about the intent. It's a combination of the action and the reason that's important (which is why there's a difference between murder and manslaughter).
There are no hard and fast rules, and there simply cannot be.
Weev clearly knew that AT&T shouldn't be handing over the information. He wasn't there saying "Wait, this isn't a normal service?".
> The librarian is smart enough to not hand out things like access to the staff lounge, a list of employees and their salaries, or even things like an arbitrary library member's borrowing history.
If the librarian didn't know to restrict access to salary information, lets say the managers thought that if you knew the SSN that was enough of an ID to get access, and you repeat the example, it becomes a bit more clear how intent is important.
You: Can I have the salary of IanCal?
Recep: Sure, it's £X
You: Hmm, hey Dave, I think there's a security issue here, mind if I know your salary?
Dave: Sure, it's £Y
You: Can I have the salary of Dave?
Recep: Sure, it's £Y
You: Best go tell the managers.
You: Can I have the salary of IanCal?
Recep: Sure, it's £X
You: Hmm, hey Dave, I think there's a security issue here, can you generate SSN numbers?
Dave: Yeah I think so
You: Can I have the salary of SSN#1
Recep: Sure, it's £Y
...
You: Can I have the salary of SSN#147934
Recep: Sure, it's £Y
You: Hahahahaha, let's give all the info to a news site, bet you'd make money shorting the stock!
I've been trying to think of a proper analogy to changing your user agent. Wearing a fake mustache and requesting information from someone publicly giving information to only mustachioed persons?
You: Can I borrow the book identified by ISBN 1234?
Librarian: We restrict access to that book to only people who will read it with our page turning machine.
You: Can I borrow the book identified by ISBN 1234? I am using your page turning machine now.
Librarian: Sure, here you go.AT&T should be rightly mocked for their poor security, but weev wasn't just stumbling through data, he'd made good attempts to impersonate the setup the server wanted. He'd put a pair of glasses and a funny moustache on and the server was alright with it, which is definitely ridiculous.
> So the right of the owner of a house to control access to his house is fairly well understood and accepted even in the case where a house might be unlocked or a door left open.
Then you discuss the technical and interface features of websites that differentiate them as analogs of houses and streets, respectively, like whether they have access control (locks). But we just agreed that the technical and design features of the door aren't what make a house not like the street. The differentiating feature of a house is not the security of its door, or even whether it has one; it's that it's a house and we're expected to know it's private. I don't get how that difference is analogous to access controls on a website. What's the social convention that's appropriate for determining whether a piece of information on the internet can be fairly accessed or not?
To be clear, I'm not saying there aren't good answers here (e.g. a house has walls which imply privacy, so you need some analog for walls on your site [1]). Or you could argue that the analogy is bogus (e.g. houses and streets just aren't like the internet). Or you could even argue that technical safeguards are the analogous social convention to private homes (I don't get it, but it's noncrazy). Or you could argue those conventions simply haven't been established yet, and that we should consider there to be no such thing as unlocked houses on the web. I'm just saying you have haven't made any of those arguments.
[1] completely off-the-cuff and, like my other suggestions here, in need of some substance.
In meatspace private property is default-closed (with certain exceptions) but some ability to in good faith. For example I can walk on your land to walk up to your front door and knock. You could then tell me I need to leave or you'll call the police. This is how it's worked for a long time and thus we think it's normal. You have this right even without building a fence around your property. Again, default-closed.
On the 'net the same rules of private property don't apply because the default on the 'net tends to be default-open. What I mean by this is that the simplest configuration for any webserver tends to have no access controls. So it'll serve up whatever it can to whoever asks. Furthermore the default on the internet for a long time was everyone can access everything since it was originally designed for precisely that purpose: sharing knowledge. The internet defaults to a street.
If you want to make your internet site NOT like a street (which is what it defaults to) you have to take steps to make that happen because HTTP doesn't have the mechanisms built in to do so. You have to build your access control on top of HTTP. If you do not, I would argue that we are right to assume that you meant for it to be a street for two reasons. First is that's how HTTP works and we've got some 20 years of history backing this up. Second is that to argue otherwise would place an incredible burden on everyone to have to divine the intent of the person/organization that served up the page.
What I'm getting at is to argue that weev "should have known better" strikes me as really nuts. In meatspace it would be like secretly passing a new law that divvied up all the roads to the landowners that border them so that I own the street in between my lot-lines and up to the middle of the road. Nobody knows about this so everyone keeps driving and nobody's the wiser. Then a real douchebag drives down the road in front of a rich guy's house. He hates it so he calls the cops and because he's rich and influential the DA manages to dig up this secret law and prosecute the douchebag with it.
If that law were to become non-secret and enforceable it would turn the world upside down in the US as nobody would be able to drive anywhere, walk anywhere, or generally do anything without the express permission of all the millions of people who now own the streets, sidewalks, etc. Even if you live in a big city and you could take the subway (which perhaps is still public) you wouldn't be able to walk to it unless the entrance happened to be on your land.
I think this would clearly be insanity as it would turn however many hundreds or thousands of years of convention on it's head. And to me, this is what the prosecutors are trying to argue. I understand that they probably don't really understand the technical aspects of it but to me it's really clear and their arguments sound like nonsense. But that's because we're looking at it from completely different viewpoints.
I with my lockpick tell pin 1 to move up so many millimeters, I tell pin 2 to move up so many millimeters, and so on, and suddenly the lock opens. Suddenly I'm in, and it should be legal because the lock wasn't designed as well as it could have been and because all I did was follow a legal protocol with the lock.
Bad analogies like this are so common here when discussing technology issues, and it is a never ending irritating game of come up with the least-worst (but still bad) analogy. People here also often confuse their understanding of technology with legal/ethical sagacity, which is laughable.
Read it as a figure of speech, since we technology people always speak about people who might get hit by a bus when thinking about the future of products.
But you get arrested for walking down there anyway. Then the police tell you you're under arrest because "The owner didn't intend for you to go there."
If a server cannot consent, does issuing "GET /" to a web server mean you snuck into the homepage and are not authorized to view what the web server was configured to provide to you?
This library analogy was the best way I've seen the issue put, and one that is actually accurate.
There are any number of explicit steps that are taken to put code on an HTTP service on the internet.
I'm deeply suspicious of the "tradition" either way since working at a place where it was actually a policy violation to tell a coworker what your salary was. Because then they would know if they were getting stiffed, and they might ask a raise.
The result of having a wide range of salaries in your social circles is that salary becomes taboo. There is little good to come of talking about it with non-coworker friends, somebody is just going to end up feeling bad, or jealous, or self-conscious, or asked for a personal loan... Even more closely guarded than salary is personal worth, for many of the same reasons, and more.
If this taboo doesn't exist outside the US (and I rather doubt claims that it really doesn't), I would nevertheless refuse to participate in non-anonymized discussions about salary in those settings. What good could come of it?
This taboo carries over to the workplace and into interactions between coworkers who arguably could benefit from discussing salary. If it were born just from employee handbook rules, then nobody would respect it. There are plenty of other rules in those things that nobody reads.
Lets go with deceit.
So is asking for book ISBN '1; DROP TABLE books; --' deceitful? Perhaps, that's not an ISBN after all. Is asking for book ISBN [some valid ISBN that you pulled out of your ass, but happens to exist] deceitful? I don't think so. If you are just asking for randomly chosen ISBNs and getting responses, I don't think there is any trickery involved.
In one case you are counting on the system to correctly understand your (validly constructed) request, in the other case you are counting on the system to misinterpret your request in a dangerous fashion.
If I hand the librarian a piece of paper with that SQL-injecting ISBN my culpability depends on whether I was aware of the likely gravity of my actions or whether e.g. I was told to get that piece of paper by a trusted source (e.g. my supervisor) and didn't even read it.
What you (the asker/trickster) think the askee thought of it.
400 BAD REQUEST
Whomever staffed that librarian, should interview or train their staff better.
This is the problem with thought experiments regarding crime: they always make the facts 100% certain, when in real life, the facts are never 100% certain. If we were to rephrase your thought experiment, it would be:
"Some guy said some other guy was going to kill him. Let's throw that some other guy in prison for a while, just in case."
Not quite as clear-cut as you think, is it?
Weev did literally threaten to murder Kathy Sierra, and he then bragged about doing so on multiple public websites. So, yes, it is quite clear-cut.
(And, please, at least think for a minute before you try to rebut by saying that he didn't mean it, so it shouldn't count.)
Regardless of whether you truly intend to carry out the threat, the threat itself is a form of violence. It imposes your will on an unwilling subject.
If you rob a bank with an unloaded gun, you can't claim afterwards, "oh, they were perfectly safe and didn't actually have to give me the money, so therefore it wasn't a crime."
Unfortunately none of these excuses are valid. He knew he was accessing something he shouldn't have been. If he did it once or twice and stopped that is one thing, intent is a major part of the law, and he intended to exploit something he knew he should not have been. That is why he is being found guilty.
Weev might have said that he "stole" the information or that he "intented" to perform an unauthorized access but ultimately that doesn't matter. There was no access control to prevent the internet's default of "everything is visible" so that's precisely what happened. It's not a hack no matter how badly he or the government want it to be. Intent matters not one iota.
The same applies to this case. He intended to access something he knew he shouldn't have had access to. Thus why he is guilty.
You walk into a cake shop that has cupcakes with names written on the icing:
You say "Can I have a cupcake with 'Iain' written on it?" They say "200 OK, here's a cupcake with Iain on it."
You say "Can I have that wedding cake?" They say "401 Unauthorized, Sorry that's someone elses' cake." You don't get a wedding cake.
You say "Can I have a cupcake with 'Alice' written on it?" They say "200 OK, here's a cupcake with "Alice' written on it."
You say "Can I have a birthday cake?" They say "402 Payment required, That'll be $15" You don't get a birthday cake.
You say "Can I have a cupcake with 'Bob' written on it?" They say "404 Not Found, sorry we don't have any cupcakes with 'Bob'."
You say "Can I have a cupcake with 'Carol' written on it?" They say "200 OK, here's a cupcake with 'Carol' in it."
You say "Can I have a cupcake with 'Dave' written on it?" They say "200 OK, here's a cupcake with 'Dave' on it."
You walk out with 4 cupcakes. Then the cake shop owner comes out and says "You stole the three cupcakes! I didn't intend for you to have them!"
Did you do anything wrong? Do you deserve to go to jail for it?
Possibly, it depends on intent. Add in:
You: Hahaha, guys I can get anybodies cake!
You: Looool their security is awful!
You: Hahah, we could short this companies stock!
Cool, free cupcakes! They want you to pay for birthday cakes and pre-order wedding cakes, but they'll give you any cupcake you ask for if they've got one available!
Give it up, man. The guy whose image you're trying to clean prefers it nice and dirty.
and cases where the circumstances were held to show no larceny: R. v. Wood (1848) 3 Cox C. C. 277 (banknote found on open land) R. v. Dixon (1855) 7 Cox C. C. 35, 25 L. J. M. C. 39 (lost note without mark) R. v. Shea (1856) 7 Cox C. C. 147; R. v. Christopher (1858) Bell C. C. 27, 169 E. R. 1153 (unmarked notes and purse found in public place)
I used a $50 bill (which is implied to be unmarked) purposefully.
Furthermore, just because someone feels that they have done something wrong does not make what they have done a crime. The law also must consider that action to have been illegal.
Hopefully, the appeals court will determine that accessing a public unrestricted URL cannot be considered illegal, regardless of the mindset of the person who might choose to access it.
2) Some are.
3) Not everyone involved in investment is doing something immoral.
You're arguing to put this douchebag in prison, but not for an actual crime. Remember that the next time they use the CFAA to crucify someone who doesn't deserve it.
BUT…
I personally think AT&T should also be held to account for their part in what happened. They put all that data up on the public internet, with no authentication required to get it. I think they're at least as culpable here as weev is. (and I don't think _either_ of them should get off scott free - they both played fast and loose with other people's data.)
You: Can you provide me with Angela Smith's email address?
Librarian: Sure, here you go.
Librarian's manager: You weren't supposed to give out that information!
Librarian: Oops. I had the wrong access rules.
Librarian's manager: Let's call the cops on that guy.
It's his fault that you gave him the information he wasn't
supposed to have.There is a difference between:
You: Can you give me the email address of user 50?
Librarian: Sure, here you go
Librarian: Oh balls, I wasn't supposed to hand that over, that could have been anyone!
You: Can you give me the email address of user 50?
Librarian: Sure, here you go
You: Hmm
You-irc: Hey guise! The librarian is giving out everyones email addresses, this is totally breaking privacy laws right?
You-irc: lols, I'm going to get all of them! This could be used for a massive phishing operation
You-irc: or even make their stock price drop, we could short it
You: Hey librarian, can you give me the email address of user 51?
Librarian: Sure, here you go
You: Hey librarian, can you give me the email address of user 52?
Librarian: Sure, here you go
You: Hey librarian, can you give me the email address of user 53?
Librarian: Sure, here you go
...
You: Hey librarian, can you give me the email address of user 1023821?
Librarian: Sure, here you go
The service was clearly not intended to be a directory of email addresses for people to use. It was clearly there to return the email address to the user of the iPad with that ICC-IDC code (which, unlike my example, aren't obviously guessable)
I'm not going to say anything about the sentence, but I do think he was guilty.
He knew what he was doing was illegal and didn't care, he got caught and tried to justify his actions by blaming AT&T for having a faulty configured server.
Not good enough for me and the jury agreed.
Me: Can you provide me with all of guelo's money?
Bank: Sure, here you go.
Me: I have these lock picks. Will you let me in?
Lock: Sure thing, boss!For me this is rather a good argument against using home banking (which I indeed don't use for security reasons - and as a computer scientist I'm surely not technologically backward).
UPDATE: if money is lying around on the street you are not be allowed to keep it (the same as I should not be allowed to keep the "money lying around in the internet"), but you can claim for getting the legitimate finder's reward.
My lock isn't authorised to give permission to anyone. Lock picks are forcing it, not requesting it.
You're drawing a false dichotomy based on premises that nobody in this thread has actually raised. It's entirely reasonable to a) disagree with the law, b) believe that SQL injections can be illegal based on some other rationale, and c) disagree with others on the appropriate penalty for SQL injections.
Set aside the SQL injection. Suppose there's a bug in Apache's path parsing such that using "\" instead of "/" causes it to interpret it as an escaped string, which somehow (bear with me) causes it to run exec("/bin/rm -r /"). Now some n00b comes along and uses "\" in the path, because he's used to paths on MSDOS; crashing the server. Whose problem is it? The client's, for sending a malformed request? How do you expect the client to know that the "\" will trigger a catastrophe? Or what if the client made a mistake, and while he thought it was "some query string" in his cut buffer, it turned out to be "; drop table *" (or something like that). Now whose problem is it?
If the server willy-nilly takes any input and doesn't check it, it is the server's fault.
Weev intentionally exploited an information disclosure flaw. Should he have gone to jail for that? No, I don't think so at all. But the scenario you're presenting has no relation to what happened here.
And if you're going to bring up the UserAgent spoofing, let me remind you that most browsers have done something like that for > 15 years.
The closest analog I can think of would be giving the giving the librarian drugs to modify his behavior before asking him to perform some act or provide some information he normally would not. Giving the librarian a brownie before requesting access to the staff lounge would probably not alter his behavior nor be treated as a crime. Giving him a brownie laced with scopolamine before requesting access to the staff lounge would be, even if scopolamine had no dangerous side-effects.
[0] One might reasonably expect an SQL injection string to return a legitimate resource on a documentation site or general-purpose search engine, for example.
Therefore, I see SQL injections as sloppy programming, but physical break-ins as sloppy ethics. IMHO YMMV IANAL KTHXBYE.
Not if you make a distinction between using a service and breaking a service. Analogize with entering vs. breaking and entering. In many cases it is valid to punish someone for bypassing security. But if a system has no security by design, then there is nothing to bypass. SQL injection, on the other hand, is always bypassing the design of the code, and loses any presumption of authorization.
P.S. Yes there will be edge cases. There are always edge cases. But this is not an edge case. The lack of security was definitely design, not software-bug.
What if your site uses Wordpress or some CMS, and it has a SQL injection zero day that is then exploited to gain access? Even if you did due diligence, kept your kernel and all your software up to date, and generally secured the server and the application as best you could, you could still be entirely unaware of flaws lurking within.
It'd be more comparable to the lock on your front door being vulnerable to easy lockpicking with a paperclip and 4 seconds. You're still not "allowing them to break in" by being sloppy (it's not like you left the door unlocked), but the manufacturer of the lock was sloppy and as a result, someone is able to break in without any "brute force".
When using a proprietary, paid for web service or app you can blame the service provider.
When hosting OSS code on your own server, exactly this is what the NO WARRANTY section in the license is about, thus making it fully your responsibility to go over the code or to accept that bugs and security vulnerabilities happen.
Edit:
To all those talking about the skill level of the individual - if you are using a proprietary service, you can easily point the finger at the service provider. In the case of OSS code, the license is there to remind you that you are taking responsibility for being competent enough to use the code yourself.
If your house was broken into because the lock was shoddily installed by a locksmith, you might have some legal recourse (though, IIRC, you may be required to validate & disclaim the install) but if you were to install the lock yourself, you have nobody to blame.
OK, but did they do anything wrong with SQL-injecting/breaking-a-window? I mean, if someone smashes your window can you call the cops and/or sue them for damages? In order to call the cops on the window smasher, you have to acknoledge they did a wrong.
> Analogize with entering vs. breaking and entering.
From Free Dictionary [1]:
breaking and entering v., n. entering a residence or other enclosed property through the slightest amount of force (**even pushing open a door**), without authorization.
Let me explain what I mean by that. Consider two situations:
1. A server responds to requests for email addresses without checking whether the user is authorized to receive that information.
2. A server responds to all requests without checking whether they contain injected SQL.
In pure technology terms, these aren't really any different. In either case, the server is simply failing to check that the request has certain properties (came from the right user/does not contain context escapes). But of course case 2 is particularly nefarious, because passing SQL directly to the database is clearly not the intent of that interface, and that it's not the intent is obvious to the SQL injector. So the intent of the software is what matters. But then it's what matters in case 1 too. The lack of technical enforcement of this intent is not the issue.
Which leads me to some clarity about this:
> Not if you make a distinction between using a service and breaking a service.
I believe this use/break distinction exists, but the distinction isn't something that's determined by the code or the vaguer "design of the code"; it's determined by the purpose of the service. The service as it would be described functionally, not technically. The service was not meant to be used by Weev and his scraper any more than our librarian's database was meant to be used by SQL injection, or any more than your unencrypted traffic was meant to be intercepted by my packet sniffer (you did nothing to not authorize me to see it!). To drive that home, the library's hapless database admin who foolishly decides to update the list of books using her own SQL injection bug is not hacking, because she is authorized to fiddle with the database, even though, in your terms, it's bypassing the design of the code.
In other words, authorization is not the same as the technical artifacts involved in authorization. More generally, I don't think being bad at making software justifies people accessing it when they know it's not meant for them.
As the law is actually applied here, I am somewhat sympathetic to Weev, on the grounds that I don't think it was a serious crime (imagine if it were bank account information!), but that's a quantitative issue, not a qualitative one. I can also see that there are many cases where it isn't obvious whether something is meant for you to access or not (like a door that seems to lead into a public place but which turns out to be a private space), and I can imagine there being issues there. But this isn't one of them.
[1] http://legal-dictionary.thefreedictionary.com/breaking+and+e...
I'm not so sure about that. If it's not pushing to request record 334, why is it pushing to request record 335?
But I digress. Normally making standard web requests is analogized to looking, without touching. You have explicit authorization to go through the front door, and anything 'bad' you did inside was restricted to what you looked at.
>I believe this use/break distinction exists, but the distinction isn't something that's determined by the code or the vaguer "design of the code"; it's determined by the purpose of the service.
But then you get into the realm of having TOS be a legal, no matter how inane they are. This seems a far worse alternative.
>To drive that home, the library's hapless database admin who foolishly decides to update the list of books using her own SQL injection bug is not hacking, because she is authorized to fiddle with the database, even though, in your terms, it's bypassing the design of the code.
That's why I only said they lose the presumption of authorization. If all you know is someone SQL injected, you have to resort to other means to figure out if it was authorized. For example, if they already have equivalent access through non-code-bug means, and they simply prefer SQL injection, then there is no problem. But if they were doing it to avoid audit logs, there might be a huge problem.
>In other words, authorization is not the same as the technical artifacts involved in authorization. More generally, I don't think being bad at making software justifies people accessing it when they know it's not meant for them.
When it comes purely to accessing it, when it's non-HIPAA/etc. data, I don't think there needs to be very much justification.
And I don't see 'has no password' as a technical artifact. Details of web servers don't need to be involved here. The design is wrong on a fundamental, user-understandable level.
Suppose I write a scraper with user agent "I am a teapot" and I discover AT&T emits personal data when I access with that user agent. What is the arbitrary cutoff for number of things downloaded before I am a criminal?
There are in fact actual criminal charges that can be brought for identity theft, we don't need the US courts to be more aggressive with the CFAA by considering thoughtcrime in their deliberations.
EDIT: and then noticing what happened you ask if they have a version in Korean.
It's actually a bit more complicated than that. Property (chattels) can be lost, mislaid, or abandoned. The distinction between lost and mislaid is that you mislay something when you intentionally put it somewhere but forget to retrieve it. That doesn't really apply to currency in the street -- it's unlikely that someone would intentionally leave money in the street.
So we are dealing with lost property. At common law the rule was that the finder of a chattel in a public place had a superior title to anyone except the true owner, and that if such a possessor knew or could reasonably ascertain the owner's identity he had a duty to notify the owner. A breach of that duty could result in either tort or criminal liability or both. In the case of fungible currency in the street, I'd say there's a good argument that it is not reasonable to ascertain the true owner.
However this common law rule has been modified in most jurisdictions by statute. Illinois has a typical such statute:
(765 ILCS 1020/27-8)
Sec. 27. If any person or persons find any lost goods, money, bank notes, or other choses in action, of any description whatever, such person or persons shall inform the owner thereof, if known, and shall make restitution of the same, without any compensation whatever, except such compensation as shall be voluntarily given on the part of the owner. If the owner is unknown and if such property found is of the value of $100 or upwards, the finder or finders shall, within 5 days after such finding file in the circuit court of the county, an affidavit of the description thereof, the time and place when and where the same was found, that no alteration has been made in the appearance thereof since the finding of the same, that the owner thereof is unknown to the affiant and that the affiant has not secreted, withheld or disposed of any part thereof. The court shall enter an order stating the value of the property found as near as the court can ascertain. A certified copy of such order and the affidavit of the finder shall, within 10 days after the order was entered, be transmitted to the county clerk to be recorded in his estray book, and filed in the office of the county clerk. ...
Sec. 28. In all cases where such lost goods, money, bank notes or other choses in action shall not exceed the sum of $100 in value and the owner thereof is unknown, the finder shall advertise the same at the court house, and if the owner does not claim such money, goods, bank notes or other choses in action within 6 months from the time of such advertisement, the ownership of such property shall vest in the finder and the court shall enter an order to that effect.
If the value thereof exceeds the sum of $100, the county clerk, within 20 days after receiving the certified copy of the court's order shall cause a notice thereof to be published for 3 weeks successively in some public newspaper printed in this county and if the owner of such goods, money, bank notes, or other choses in action does not claim the same and pay the finder's charges and expenses within one year after the advertisement thereof as aforesaid, the ownership of such property shall vest in the finder and the court shall enter an order to that effect.
However, in terms of legal (or ethical) culpability it shouldn't really matter. An intruder is an intruder. Sometimes it's due to utter ignorance and foolishness on the part of the owner, sometimes it's due to a latent flaw in something they're using, sometimes it's a compromise of their hosting company, sometimes they get hit by a complete zero-day.
You should have legal recourse no matter the case, unless you are truly grossly negligent (posting your admin password on your index page, for example).
For the same reason that it's OK for me to push in my door, but not to push in yours. Or why it's OK for me to type in my password, but not to type in your password.
> You have explicit authorization to go through the front door, and anything 'bad' you did inside was restricted to what you looked at.
There certainly isn't explicit permission; I think you mean implicit. Assuming you do, we just disagree here. You don't have a "presumption of authorization" when accessing something a reasonable person would know isn't meant for them to see. I think most of the rest of our disagreement flows from this.
I also don't see where you've made the case that get-the-employee's-SSN SQL injection attack is relevantly different from the send-an-id case.
Okay, I'm confused by your analogy. I was thinking of the situation as having a single door at the entrance to the establishment. I don't think it makes any sense at all to treat each page as a separate household on private property.
And I meant explicit. There is explicit permission to contact the web server.
>I also don't see where you've made the case that get-the-employee's-SSN SQL injection attack is relevantly different from the send-an-id case.
If I send a non-secret ID into the system and get info back, the system is working as designed. If I use SQL injection, the system is not working as designed. I think that's important. In the former case, I may be doing something unexpected, but I am not exceeding the authority given to me.
> I don't think it makes any sense at all to treat each page as a separate household on private property.
It's certainly true that some pages on a site might be private to someone else and others not. The page/site distinction is orthogonal to the authorized/unauthorized distinction. It's not clear to me why, in your story, it was OK to ask for ID 334, but it if it were, that doesn't automatically make it OK to grab 335.
The library is itself an analogy and it's a bit broken here, because of course at a library the ISBNs and the books they correspond to aren't meant to be private, unlike the ATT/Weev case. So let's imagine that your iPad automatically looked up your email address using its ICC ID because that was why they built it (I don't actually know if that's the case or not). It doesn't follow that you have permission to look up everyone else's. That's where I was going with the doors analogy. I hope that clears that up.
> There is explicit permission to contact the web server.
I deleted my counter to this because I think it's an irrelevant semantics issue. Let's let that one go.
> In the former case, I may be doing something unexpected, but I am not exceeding the authority given to me.
We keep stumbling on this concept of authority, and this thing about design. The design part I don't get. Didn't the library software's author design the system so that it took query parameters and directly formed SQL strings out of them? So isn't it working exactly as designed? Of course not, because the designer never intended it to be used that way [1]. So their intention is exactly what matters, and the same applies to trying incremental ICC IDs--clearly not the intent of the service. That's why this design/expectation dichotomy isn't there, or at least isn't relevant (it's also why I was distinguishing the "purpose of the software" from the "design of the code" earlier).
As for authority, you continue to see it as something the webserver can provide by virtue of its technical characteristics, and I--and the law--simply don't. Authorization in the technical sense is a technological codification of an authorization policy, which may be implicit. If that policy is obvious (which I think it is here), then it's that policy that matters, not its technical enforcement. I fear we're retreading ground here, though, and this may just boil down to having different axioms.
[1] You could say that there are layers to design and that the flaw in the designs here ("don't do any access control" vs "don't sanitize strings") are at grossly different granularities. That's true, but I'm not sure how you plan to formalize the appropriate level of generality that makes such a design flaw equivalent to permission to entry as opposed to simply not working as designed. I don't think you can without resorting to the designer's intent.
Intention of use is entirely different. The high level intention of use / purpose is often opaque and contradictory. Using it as a threshold would be foolish. "it securely stores passwords but also mails you a reminder if you forget" "it sends marketing mails that don't get marked as spam" "it shows people images that they can't save" "people will stay signed up for 15 months and we will profit on the loss leader"
> If the server owner had so desired, they could have made the data private by adding a password.
But the server is still just sending data in response to a request, even with a password. The only reason a password is a line we draw is intent. It's hard to say you didn't realise that guessing at someones password was wrong.
A logical step is to make that machine readable. Oh, wait, suddenly this is getting to the server software and configuration, that server developer/administrator had screwed up.
My question is - why we don't make that logical step and simplify things instead of relying on some "should be common sense" and "you should've known you wasn't supposed to do so" completely-gray-area?
You mean like the Terms of Use for the AT&T website?
He did exploit the fact that AT&T did not make the endpoint in question accessible only if the logged-in user matched the actual user ID (or just made it entirely inaccessible).
But the company leaking consumer information to the public without any proper security at all is not punished.
Everyone here keeps purposefully ignoring intent, but in the context of the law this is impossible. So no matter how much you hate it, this isn't something that can be a binary yes/no illegal/legal question based on some computer response to your query.
As for those exact terms, I suspect (IANAL) those exact terms prohibit almost any access to the site, as, for example, they forbid any programmatic access to obtain the information, and I haven't heard of any non-software user-agent implementations.
As opposed to a human being in a non-programmatic way, opening his browser and accessing the website.
What's so hard about it?
Doesn't, for example, Firefox, perfectly fit this description? Yes, I do manually enter the base URL to access, but if that's the distinctive feature...
> As opposed to a human being in a non-programmatic way, opening his browser and accessing the website.
... then manually typing in ./scrape.py www.att.com is non-programmatic, too. :)
Or, maybe, I'm not getting the correct meaning of "automated" due to bad English comprehension and false analogies from other languages. But I always thought every request on the Internet is automated and done by some kind of hardware+software combo, so forbidding "programmatic" access is complete nonsense (access control and rate-limiting are the proper solutions).
(And, if that matters, author of scrape.py does not need to conform to AT&T's TOS if s/he don't actually use the script by themself.)
What if I set up a website, put a clause saying "you agree to pay $50/page view" in there, and hid it away. Google crawlers will find my site in no time, and then I can start raking the dollars in, right?
The law involves intent. They proved he intended to act in bad faith while gathering that data and he was rightfully found guilty.
Why you are having a hard time understanding that "we put him in jail because we don't like what he did" is wrong I have no idea. You must be a troll disagreeing on purpose.