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"It should always be perfectly legal to access a remote computer system via a publicly accessible interface.", no it shouldn't, no more than it should be legal
by nicholassmith 13y ago
"It should always be perfectly legal to access a remote computer system via a publicly accessible interface.", no it shouldn't, no more than it should be legal for me to walk into your house if you've not locked the door.
The system worked exactly as AT&T intended, in circumstances they'd clearly not planned for. If they'd bothered doing a risk assessment they'd have spotted it, they took the lazy option and it didn't work.
- sneak 13y agoPlease stop with the physical analogies. Locks and doors and physical space have well defined ways of indicating "authorized" and "unauthorized". We also have a social contract about entering spaces of others, even if there are no locks at all. The social contract of the web is that "you can send a request to any webserver on the internet without permission". That's how the web _works_. It's up to that server, and nothing else, to be the final arbiter of authorized/unauthorized. You don't get to move the goalposts after the fact, saying "oh, well we didn't INTEND for you to use it that way". That's putting the burden to avoid jail on to the requester, who is now responsible for making assumptions and inferring the intent of programmers/admins they've never met or communicated with. It's lunacy.
- nicholassmith 13y ago"Please stop with the physical analogies.", weev relied on one during his defence, so they're fair game. The social contract of the web is usurped by the legal contract of society, whether or not the way the legal framework is being applied in a just and fair manner is certainly up for debate. And honestly can you say, hand on heart, that the intention of the AT&T developers was to purposefully leave that hole there? That'd be lunacy. Clearly it's a mistake, an 'oh crap, we didn't think of that'.
- sneak 13y agoIt was expressly to support autocomplete. Upon going to the wireless account management webpage on the iPad, it would already have the email address last associated with that ICCID (sim card) filled in in the form input element, so that the user would only have to type in their password, and not the email address as well. It was an express design decision to reduce the number of steps taken by a user to reactivate service. They explicitly chose to weaken the authentication system to increase convenience, and didn't want to do credential management, so they just used the sequential integer ICCID to fetch the email address last associated with that SIM. Afterward, they said "oh, well, we didn't INTEND for you to use it that way", despite the fact that this is very obviously gross negligence. It's not a hole - it's a feature they chose to implement. The bad law that lets anyone, retroactively, define "unauthorized access" by their own attitudes and whims, is the problem here.
- res0nat0r 13y agoPhysical analogies are perfectly appropriate in this context. Just because someone accidentally exposes a function via their website that divulges information that isn't supposed to be viewable doesn't mean it is ok. If I've never met someone in real life who left their door unlocked nor communicated with them before I rob them, just like the web, both are still illegal. >The social contract of the web is that "you can send a request to any webserver on the internet without permission". That's how the web _works_. DDoS'ing a bank website is against the law, but you are just sending a request to a webserver right? The law will disagree...Again it is all about context. If weev made one request to the website, noticed he was looking at data that he knew shouldn't be available to him, then quit, I'm sure he would be just fine right now. But since he didn't this is why he is in trouble. Again the law isn't binary (to the major dismay and hang wringing it causes on this website), so it is up to the law to determine intent. Was he doing this by accident and should be slapped on the wrist? Or was he doing this maliciously?
- sneak 13y ago> Or was he doing this maliciously? He was _absolutely_ doing this maliciously. It STILL SHOULD NOT BE CRIMINAL. This is a fundamental misattribution of responsibility. His intent was to defame AT&T as much as possible, using only factual information about their own (negligent) business decisions. This, too, should be legal (and I believe it is).
- tptacek 13y agoWhy does it have to be either/or? Why can't both people be responsible? Why can't AT&T be civilly liable for leaving a gaping hole on their application, and whoever abused that information be criminally liable? Incidentally, every time you blame AT&T for what happened, you tacitly acknowledge that wrongdoing actually occurred, which harms your argument that the data was "published". (In the interest of combating the fundamental attribution error: I'm not happy with Aurnheimer receiving a custodial sentence for what was pretty obviously just another dumb prank. We probably agree that the sentencing component of CFAA is absurdly constructed.)
- enraged_camel 13y ago>>Please stop with the physical analogies. Locks and doors and physical space have well defined ways of indicating "authorized" and "unauthorized". We also have a social contract about entering spaces of others, even if there are no locks at all. The social contract of the web is that "you can send a request to any webserver on the internet without permission". That's how the web _works_. -- Physical analogies may have their limitations when describing the web. That said, weev KNEW for a fact that he was accessing information that should not have been public. In other words, he KNEW that he was walking into someone's unlocked house. Furthermore, he BRAGGED about rubbing it in AT&T's face, and wanting to cause as much damage as possible. He had malicious intent. So no, his trespassing was not unintended. He didn't happen to just accidentally grab a bunch of email addresses from some web server he sent requests to randomly.
- rhizome 13y agoWhy must ATT's situation be compared to an unlocked house rather than a pile of papers lying on a street corner?
- martinlandau 13y agoTrue, even Wozniak has recently said he doesn't like what the USA has become, that it is like former communist russia or stassi germany, and ever since the patriot act we have really been hosed, I wonder if the Woz can help do anything for WEEV personally if he really feels this way (it was apple ipad devices involved with this right?)
- sneak 13y ago> Furthermore, he BRAGGED about rubbing it in AT&T's face, and wanting to cause as much damage as possible. He had malicious intent. Malicious intent is not criminal. > That said, weev KNEW for a fact that he was accessing information that should not have been public. It is massively unfair to put the burden of inferring the intention of a remote system onto the requester. In fact, he could not have known that he was accessing information that should not have been public (as you claim), because ATT expressly configured their systems to MAKE IT PUBLIC. It wasn't an accident or misconfiguration. Your basic premise doesn't hold up, and neither does the silly physical "unlocked house" analogy. An unlocked house implies there are locks and doors present, neither of which were in this case. It's not trespassing, and just because it's non-random doesn't make it criminal.
- lifeformed 13y agoBut by that logic, any kind of malicious web activity should be allowed. Once you remove all the abstractions, any kind of attack is just computers behaving how they've been instructed to. An injection attack is only a server processing a particularly strange request.
- sneak 13y agoYeah, that's basically my argument. Don't plug shit into the internet you don't understand. If that's a problem for you, hire someone who does understand it before you do. I have no problem with complete deregulation of the exchange of information over the internet, as it's impossible to use violence to force anyone to do anything via an ethernet cable. It's impossible for a packet to be the root cause of harm coming to another. Negligence or recklessness when attaching not-fully-understood systems to the Internet, on the other hand, should expose people to liability when the personal information stored in those systems is publicized. The fundamental cause is "idiots plugged in a server without suitable authentication", not "somebody across the world sent it some electrons". It is crystal-clear to me that all packet transmission should be protected speech, including buffer overflows and other so-called "malicious" traffic. Just because it's obvious to you (because you are willing to make an assumption) what is malicious and what is not, that doesn't mean that it's anything resembling fair to force others to make those assumptions to avoid criminal liability. The full text of War and Peace could be "malicious" traffic when sent to a machine that stupidly copies it into a fixed-size buffer. This is not a job for the law to decide. It's a blunt instrument. (There's also the issue of the stupidity of allowing the receiver to retroactively declare "oh, that was not intended, and thus unauthorized".) The responsibility must always lie with those who interpret the traffic, not those who send it.
- IanDrake 13y agoIf you want to use a physical analogy, it would be more like I invite you into my home, then shoot you because you stepped in a spot that I didn't like.
- smsm42 13y agoAT&T invited weev to check their interfaces? Could I see a link with the text of that invitation?
- IanDrake 13y agoWeev owned an iPad. His iPad checked a url on ATT without him doing anything. That's really more than an invitation.
- smsm42 13y agoReally? So if you have a device that checks your email on gmail this is an invitation to browse any mailboxes stored on gmail? I have such device, you wouldn't mind me reading your gmail mailbox, right? Or would you?