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I think the issue is not "negligence of the victim" so much as, "took no steps to make the information private". If I don't lock my door and someone goes into m
by manfredo 7y ago
I think the issue is not "negligence of the victim" so much as, "took no steps to make the information private". If I don't lock my door and someone goes into my house, opens my filing cabinet, and copies my financial info then they're still a criminal. They took information from a place that was unambiguously meant to be private. But if I staple a copy of my financial info to a telephone pole, surely those who read it are not committing the crime of reading private information.
A URL that is not authenticated seems more like the latter than the former. The web is public unless people take steps to make it private. Criminalizing accessing unprotected URLs is like arresting people for reading the financial info I left stapled to the telephone pole. A while back there was a "world's most exclusive chat room" website that hosted IRC channels for people above twitter follower numbers. People learned that they could just manually increment a URL parameter to access higher room numbers regardless of their twitter follower count. Were those people committing a crime?
- tptacek 7y agoTo take the case at issue, when your immediate reaction to discovering an unprotected URL is to scrape it, discuss on an IRC channel how you're going to monetize it, and then go to the media to announce your security vulnerability discovery, you are going to find it difficult to make the argument that you believed you had authorized access.
- manfredo 7y agoBy that same line of reasoning, one could argue that changing your url parameter in that twitter chatroom website is a privilege escalation attack that allows users to access protected information. Absence of authentication means all access is authorized, otherwise just typing in random urls is a crime.
- tptacek 7y agoYou can indeed argue that. Typing random URLs can indeed be a crime.
- txcwpalpha 7y agoThe case referenced by the top-level comment of this chain (the one about 'weev') is a case where someone was prosecuted and imprisoned specifically because changing URL parameters was seen as an attack allowing access to protected information.