Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Monday, 17 October 2011

Some facts on the First State Superannuation Issue

Some blogger, has recently written a somewhat uninformed post on the whole Patrick Webster FSS issue. The author seems to be under some misapprehension about how these sorts of things work. Which is cocnerning for someone who claim to be a Web Application Security person, and is taking the pulpit to preach on the issue. Then again, why should we expect anything less from the Internet right?

In his post the author states: " It should go without saying that at this point that he could, just by the actions he had taken up to this point, be in violation of any number of data privacy laws."

Really, goes without saying? Actually it doesn't. Let's take a look. The first statue they claim he is in violation state the following:

308H   Unauthorised access to or modification of restricted data held in computer (summary offence)

(1)  A person:
(a)  who causes any unauthorised access to or modification of restricted data held in a computer, and
(b)  who knows that the access or modification is unauthorised, and
(c)  who intends to cause that access or modification,
      is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.

(2)  An offence against this section is a summary offence.
(3)  In this section:
restricted data means data held in a computer, being data to which access is restricted by an access control system associated with a function of the computer.


Let's look at the other statute that is referenced:

478.1  Unauthorised access to, or modification of, restricted data
             (1)  A person is guilty of an offence if:
                     (a)  the person causes any unauthorised access to, or modification of, restricted data; and
                     (b)  the person intends to cause the access or modification; and
                     (c)  the person knows that the access or modification is unauthorised; and
                     (d)  one or more of the following applies:
                              (i)  the restricted data is held in a Commonwealth computer;
                             (ii)  the restricted data is held on behalf of the Commonwealth;
                            (iii)  the access to, or modification of, the restricted data is caused by means of a carriage service.
Penalty:  2 years imprisonment.
             (2)  Absolute liability applies to paragraph (1)(d).
             (3)  In this section:
restricted data means data:
                     (a)  held in a computer; and
                     (b)  to which access is restricted by an access control system associated with a function of the computer.



Look closely at (3) in both statues. This can only apply if an access control was circumvented. Insecure Direct Object Reference is not bypassing an Access control. It is a complete lack of an Access Control. I may not be a lawyer, but I suspect that this charge would have a VERY hard time standing up in court.

It really is not hard to look up these statues online. I would suggest that people actually read up on the subject matter.  all and all, I would be surprised if this whole matter doesn't blow over. The worst that I suspect will happen is that they make Webster sign that agreement on page 2 of their letter or refuse him any further online access. They could, theoretically, even drop him as a customer I suppose. I doubt any serious legal action will occur, but I could be wrong.

Mr Webster,  I am behind you, and i am sure many others are too. Good luck.

Saturday, 15 October 2011

When even Responsible Disclosure Fails

Disclaimer: The opinions expressed in this blog are my own, and do not reflect the views of anyone but myself.

In the latest incident, Patrick Webster of OSI Security, is under threat of legal action. This threat comes after he disclosed a vulnerability to First State Superannuation . The vulnerability was a case of direct Object Reference. By manipulating a GET parameter , Webster was able to access the statements of other customers. The legal threat is based around the idea that Webster violated Australian computer crime laws, and bypassed a security measure. Direct Object reference is not bypassing an access control. It is, by its very nature, the lack of an access control. Webster did not go public with this information, but rather went directly to the company to notify them of the flaw. On one hand, the company thanked him for his help. On the other hand they sicked the police after him and are trying to hold him responsible for the cost of fixing the flaw. Customers of First State Superannuation should be outraged at this. The company, which is responsible for protecting their customers' information has failed to do so. When one of these customers showed this failing, they held him responsible for it. The fact is, FSS has been negligent in providing proper security for their customers. They should be held accountable for this failing. Let's make a hypothetical analogy:

A customer walks into his bank, and asks to access his safety deposit box. They ask him his box number, and he tells them the wrong box number by accident. They bring him another person's box without verifying his identity. When he explains the mistake to them, they call the police and have him arrested.

If you read about this scenario in the newspaper you would be outraged. Why should it be any different in this case?

What is even more deeply disturbing, is the fact that this is far from an isolated incident. In the past year, there have been at least 2 other cases just like this. Earlier this year, a security researched by the handle of Acidgen disclosed a buffer overflow vulnerability to German Software company Magix. Acidgen contacted the company with the information, and had supposedly amiable communication with them. During the course of his conversation, he supplied them with a Proof of Concept that opened up calculator when run. He asked the company to let him know when it would be patched so he could release the details after it had been fixed. This is when Magix began threatening legal action against Acidgen. Among their claims, are the claims that sending the PoC to them constituted distribution of 'hacking tools'. They also claim his intent to release the details after a patch constitutes extortion.

Another example is the PlentyofFish.com dating site hack. Security researchers discovered a vulnerability in the site that allowed access to customers' private data. The researchers claim that they simply informed the operators of the site of the vulnerability. In a bizarre twist, the owner of the site posted a bizarre rambling blog post where he claimed that the researchers attempted to extort him. His story was bizarre in the extreme indicating Russian Mob involvement, extortion, and even originally implicated journalist Brian Krebs in this scheme.

What I see here is a very alarming trend. Companies are trying to redirect all blame for their own failings to the very people who are trying to help make them more secure. If this trend continues, researchers will simply stop practicing responsible disclosure to most of these companies. In some cases the disclosure will go back to Full Disclosure practices. Otherwise, some researchers will just keep silent.

So what would First State Superannuation say if Webster had kept silent. Then a month later someone far less scrupulous exploited this vulnerability to attempt to make a profit. FSS should be thanking Webster for saving them all the embarrassment and possible repercussions of their irresponsible 'security' practices. These companies need to wake up and work with the community to help protect themselves, or things are only going to get worse.

Tuesday, 15 February 2011

Of Hacks, Leaks, and Legal Battles : Is anyone really winning?

In recent days we have seen what seems like an escalation in the battle for the Information Age.  These events are far from new, however they have taken on a more fevered pitch. I suppose it probably started with the whole WikiLeaks-Bradley Manning thing. This started quite a fierce fight both off and on the internet.  A fierce debate with highly polarized sides sprang up around the issue of WikiLeaks.

Into that fray jumped Anonymous. They took their own unique sense of purpose and went after anyone whom they felt had wronged WikiLeaks. This included attacks on Paypal,MasterCard and others. They took time off from their busy schedule of attacking PirateBay opponents around the world. These sorts of things are not all too uncommon, especially when dealing with Anon. They have made the news in the past. What was different this time was that there was already a frenzy around the wikiLeaks issue.

Soon a new subset appeared. This group would have us believe that they are independently operating patriotic hackers, such as th3j35t3r. I have my doubts as to how independent these folks really are. These people went after anonymous, wikileaks and anyone else supporting them. A sort of mini-cyberwar started. What I would like to note is interesting is that the US Department of Justice launched an immediate investigation into Anonymous to try and make arrests over their DoS attacks. However the sophisticated DoS attack that was carried out against wikileaks was just as illegal and yet the government remains silent on the subject.

The fighting and debating raged on around wikileaks. Many things occurred during the next several months that i don't feel the need to recap. Fast forwarding to the past few weeks. Aaron Barr, CEO of HBGary Federal made an announcement that he had 'infiltrated' Anonymous and discerned the true identities of the Anon leadership. (This statement alone seems to show a misunderstanding of the true nature of Anonymous, but look at some of my earlier posts for some of my theories on this subject). Aaron Barr apparently sought to use this information to leverage himself and his company into a bit of the spotlight. Allegedly, Barr was going to sell this information to the FBI.

In response a few members of anonymous launched an assault on HBGary federal during the super bowl. In short order they ahd compromised systems inside HBGary Federal, took control of rootkit.com, seized Aaron Barr;'s twitter account and the social networking accounts of several other folks at HBGary. They stole a large number of emails from the company, and allegedly wiped out HBGary's backups.

The initial assault left HBgary reeling and embarrassed like a kid who gets pants-ed at the bus stop. It got worse from there though. Amongst the stolen emails was a document supposedly composed by HBGary Federal and Palantir. The target audience was allegedly Bank of America. The subject matter? How to destroy wikileaks. The document details disinformation campings, smear attacks against pro-wikileaks journalists, Denial of Service attacks against wikileaks infrastructure, and attempts to infiltrate the group to discover the identities of document submitters. You can see a copy of the document here. BofA and Palantir began moving quickly to conduct damage control disavowing any knowledge of the document or its creation. Additional documentation has surfaced to cast doubts on some of these claims.

The lesson here so far? Even a security firm like HB Gary can get thoroughly spanked on the internet by not taking threats seriously. The damage to their company by these leaks is yet to be seen, but other companies are already cutting ties to try and protect themselves. In this case the Leak has already proven to be an effective weapon against a powerful company.



Meanwhile, another little drama was unfolding. The Gregory Evans/ Ligatt Security drama. Gregory Evans has been accused of being a charlatan for a while. He made claims of being the 'world's no 1 Hacker'. A ridiculous, and pompous proclamation if ever I've heard one. He released a book on how to become the world's no 1 hacker. A book which was quickly accused of large scale plagarism. Evans denied these accusations, and at one point claimed that he paid any third part content writers for their material. I do not know about the vast majority of this claim. However, Chris Gates, aka carna0wnage was one of the authors whose material appeared in the book. Gates denied ever receiving any payment or giving permission to Evans to use his material in the book. The material is so obviously ripped off, Evans even sued the same screenshots which include Chris Gates' name in the login prompts.

Enough about the gory details though. Suffice it to say, the Evans/Ligatt drama continued on. Evans fought back in the only way he seems to know how. He filed lawsuits. He filed quite a few lawsuits actually. He tried suing anyone and everyone he could that has ever said anything bad about him on the internet. Most of these lawsuits have failed completely, but that didn't stop Evans. Recently, on Gregory Evans' birthday, his email and twitter accounts were hacked. All of his email was leaked into a torrent on the internet and distributed. Since the leak of his email, one embarrassing piece of evidence after another surfaces from the spool.  Many of these documents were reposted to the LigattLeaks blog, which was originally hosted on WordPress.  Evans and Ligatt sent take-down demands to wordpress and the registrar for LiogattLeaks.org. Wordpress capitulated in the face of any possible legal ramifications, whether there was solid legal basis or not.

LigattLeaks has since moved on to a site at http://ligattleaks.blogs.ru and continues to post with impunity. Since LigattLeaks themselves claim they do not possess the mailspool and are only reposting things found on pastebin, they seems to be under no legal liability. The actual consequences of these leaks for Evans or Ligatt? Aside from a lot of embarassment, and a local news story , there has yet to be any serious consequence seen from this. however, Evan's litigious assaults on the infosec community seemed to have had no real effect either. So right now I'm calling this one a draw at the moment.

Now let's move on to the Sony PS3 case. The folks over at Fail0verflow got their hands on the keys used to sign software for the ps3. Well known hardware hacker GeoHot then built on this and created a modkit to allow home brew software to run on the ps3. Sony claims that this will only serve to enable piracy on their game consoles. they file suit against Geo Hot, subpoena all of his computer equipment and issue orders for his instructional videos to be stripped from the internet. In response the instructions, examples, and encryption keys are spread across the internet. Before the case against Geohot has even begun, sony is now trying to use the legal system to gain information on every person who viewed or commented on GeoHot's video on youtube. They are also seeking legal action against anyone who posts the encryption keys. This drama is still under way but I'm going to go ahead and call it now: Sony will lose, no matter what the trial outcome.

There is already a huge public outcry against Sony over this action. They may have already caused themselves irreparable brand damage. They have increased the actual awareness of these hacks. And there is no way that they can successfully suppress the information once it has begun disseminating through the internet. They are trying to stuff the proverbial Geenie back in the bottle. One has to wonder why they are doing this. They will not be able to recoup any significant losses. they won't be able to suppress the information. They are trying to lay down intimidation tactics. These intimidation tactics are of course having the opposite effect. One has to wonder if anonymous or another group won't turn it's attention towards the Sony mega-corporation. It would be very itneresting to see a battle between Anonymous and such a  huge company.


There are three examples of folks in the Corporate world trying to control and shape the Internet for their own benefit. All of them are failing miserably, and they are all starting to pay a heavy price for it.