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From: Bruce Schneier (schneier_at_counterpane.com)
Date: Wed Jan 15 2003 - 03:07:52 CST

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                      CRYPTO-GRAM

                    January 15, 2003

                   by Bruce Schneier
                    Founder and CTO
           Counterpane Internet Security, Inc.
                schneiercounterpane.com
              <http://www.counterpane.com>

    A free monthly newsletter providing summaries, analyses, insights, and
    commentaries on computer security and cryptography.

    Back issues are available at
    <http://www.counterpane.com/crypto-gram.html>. To subscribe, visit
    <http://www.counterpane.com/crypto-gram.html> or send a blank message
    to crypto-gram-subscribechaparraltree.com.

    Copyright (c) 2003 by Counterpane Internet Security, Inc.

    ** *** ***** ******* *********** *************

    In this issue:
          Militaries and Cyber-War
          Crypto-Gram Reprints
          The Doghouse: Yahoo
          News
          Counterpane News
          Security Notes from All Over: Cichlids
          The RMAC Authentication Mode
          Comments from Readers

    ** *** ***** ******* *********** *************

                Militaries and Cyber-War

    Recently I was interviewed by an Iranian newspaper on the subject of
    computer security. One of the questions I was asked was whether or not
    the Pentagon had a secret weapon that could disable the Internet.

    It's an interesting question. I have no idea what the real answer is,
    but I can certainly speculate.

    There's no doubt that the smarter and better-funded militaries in the
    world are planning for cyberwar, both attack and defense. It's a
    multifaceted concept. A military might target the enemy's
    communications infrastructure through both physical attack -- bombings
    of selected communications facilities and transmission cables -- and
    virtual attack. It would be foolish for a military to ignore the
    threat and not invest in defensive capabilities, or to ignore the
    possibility of launching an offensive cyber-attack against an enemy
    during wartime. And while history has taught us that many militaries
    are indeed foolish, some are not.

    This implies that at least some of our world's militaries have Internet
    attack tools that they're saving in case of wartime. They could be
    denial-of-service tools. They could be exploits that would allow
    military intelligence to penetrate military systems. They could be
    viruses and worms similar to what we're seeing now, but perhaps
    country- or network-specific. I can certainly imagine a military
    finding a new vulnerability in a common operating system or software
    package and keeping it secret, hoping to use that vulnerability to
    their advantage in wartime.

    So my guess is that the U.S. military could disable large parts of the
    Internet, at least for a while, if they wanted. But I doubt that they
    would do so; it's far too useful an asset, and far too large a part of
    our economy. More interesting is whether they would try to disable
    pieces of it. If we went to war with country X, would we want to
    disable their portion of the Internet, or remove connections between
    their Internet and our Internet? Depending on the country, a low-tech
    solution might be the easiest: disable whatever undersea cables they're
    using as access. Could the U.S. military turn the Internet into a
    U.S.-only network if they wanted? That seems less likely, although
    again a low-tech solution involving the acquiescence of companies like
    Cable & Wireless might be the easiest.

    One important thing to remember here is that you only want to shut an
    enemy's network down if you aren't getting useful information from
    it. The best thing to do is to infiltrate the enemy's computers and
    networks, spy on them, and surreptitiously disrupt select pieces of
    their communications when appropriate. The next best thing is to
    passively eavesdrop. After that, the next best is to perform traffic
    analysis. Only if you can't do any of that do you consider shutting
    the thing down.

    When a military discovers a vulnerability in a common product, they can
    either alert the manufacturer and fix the vulnerability, or not tell
    anyone. In U.S. military circles, this is called the equities
    issue. It's not an easy decision. Fixing the vulnerability gives both
    the good guys and the bad guys a more secure system. Keeping the
    vulnerability secret means that the good guys can exploit the
    vulnerability to attack the bad guys, but it also means that the good
    guys are vulnerable.

    Script kiddies are attackers who run exploit code written by others,
    but don't really understand the intricacies of what they're
    doing. Professional attackers spend an enormous amount of time
    developing exploits: finding vulnerabilities, writing code to exploit
    them, figuring out how to cover their tracks. The real professionals
    don't release their code to the script kiddies; the stuff is much more
    valuable if it remains secret. I believe that some militaries have
    collections of vulnerabilities, and code to exploit those
    vulnerabilities, that they are saving in case of wartime or other
    hostilities. It would be irresponsible for them not to.

    My interview in the Iranian newspaper. (To be honest, I have no idea
    what it says.)
    <http://www.jamejamdaily.net/shownews2.asp?n=26454&t=com>

    ** *** ***** ******* *********** *************

                 Crypto-Gram Reprints

    Crypto-Gram is currently in its sixth year of publication. Back issues
    cover a variety of security-related topics, and can all be found on
    <http://www.counterpane.com/crypto-gram.html>. These are a selection
    of articles that appeared in this calendar month in other years.

    A cyber Underwriters Laboratories?
    <http://www.counterpane.com/crypto-gram-0101.html#1>

    Code signing:
    <http://www.counterpane.com/crypto-gram-0101.html#10>

    Block and stream ciphers:
    <http://www.counterpane.com/crypto-gram-0001.html#BlockandStreamCiphers>

    ** *** ***** ******* *********** *************

                The Doghouse: Yahoo

    When you register for a Yahoo account, they ask you for your date of
    birth. The purpose is security; if you forget your password, they can
    authenticate you with this information. Someone's birthdate isn't a
    secret, and is a terrible way to authenticate someone. But Yahoo goes
    one step further. "My Yahoo," the company's popular personalized news
    page, uses the information to put a "Happy Birthday, <username>!"
    message at the top of your page when you visit on your birthday.

    An excellent example of not getting it.

    <http://www.oreillynet.com/pub/wlg/2597>

    ** *** ***** ******* *********** *************

                          News

    Government report says cyberterrorism threat is overhyped.
    <http://www.wired.com/news/infostructure/0,1377,56935,00.html>

    Even Microsoft agrees: don't trust Microsoft:
    <http://www.infoworld.com/articles/op/xml/02/12/09/021209opwinman.xml>

    Elcomsoft not guilty of violating the DMCA.
    <http://www.wired.com/news/business/0,1367,56853,00.html>
    <http://sanjose.bizjournals.com/sanjose/stories/2002/12/16/daily28.html>
    <http://www.wired.com/news/business/0,1367,56898,00.html>

    Evaluating intrusion detection systems:
    <http://online.securityfocus.com/infocus/1623>
    <http://online.securityfocus.com/infocus/1630>
    <http://online.securityfocus.com/infocus/1651>

    Insider accused of attempting to manipulate stock price by sabotaging
    computer.
    <http://www.vnunet.com/News/1137678>
    <http://www.theregister.co.uk/content/55/28630.html>

    Another essay on full disclosure:
    <http://www.osopinion.com/perl/story/20319.html>

    The strategic effectiveness of suicide terrorism:
    <http://magazine.uchicago.edu/0212/research/invest-terror.html>
    <http://www.plastic.com/article.html?sid=02/12/23/23150192;cmt=60>

    Good piece on Total Information Awareness:
    <http://www.newyorker.com/talk/content/?021209ta_talk_hertzberg>

    Even though there are thousands of hackable holes in computer systems,
    only a very few of them are actually exploited in bulk:
    <http://www.wired.com/news/infostructure/0,1377,56955,00.html>

    There's a new version of the Bush Administration's cyber-security
    plan. Incentives to tighten network security are reduced, more
    authority is given to the Department of Homeland Security, and they're
    no longer going to consult regularly with privacy experts. It'd all
    worry me more if I thought this plan had any real effects.
    <http://www.wired.com/news/conflict/0,2100,57109,00.html>

    More DMCA abuse, this one about printer toner cartridges:
    <http://news.com.com/2100-1023-979791.html>
    Europe is banning this practice:
    <http://www.geek.com/news/geeknews/2002Dec/gee20021223017885.htm>
    This has the makings of a trade war between the U.S. and the EU.

    While we're on the subject, the EFF has written an excellent article
    about the unintended consequences of the DMCA:
    <http://www.eff.org/IP/DMCA/20030102_dmca_unintended_consequences.html>

    The U.S. government is looking for input on sentencing guidelines for
    hackers:
    <http://online.securityfocus.com/news/2028>

    Another excellent essay by Tim Mullen on "strike back" (see also the
    various comments in the letter column, below). I disagree with some of
    this, but I am happy to see intelligent debate on this issue.
    <http://online.securityfocus.com/columnists/134>

    ** *** ***** ******* *********** *************

                    Counterpane News

    The news that I couldn't talk about for the past month and a half is
    that Counterpane has received another round of funding. We have
    another $20M, which is more than enough to fund the company until we
    reach break-even, and to allow us to expand our services. It's a tough
    economic climate out there, and the fact that we got this much money
    from a list of impressive investors is a source of pride for me.

    Meanwhile, Counterpane continues its quest for world domination in the
    Managed Security Monitoring space. The fourth quarter of 2002 was our
    best quarter ever, and the year was our best year ever. I'll spare you
    the details; they're in the press release if you want to read them.

    And Counterpane has hired a new CFO and COO. Press releases announcing
    these changes will be out soon.

    Funding press release:
    <http://www.counterpane.com/pr-seriesd.html>

    Fourth quarter press release:
    <http://www.counterpane.com/pr-2002q4.html>

    ** *** ***** ******* *********** *************

         Security Notes from All Over: Cichlids

    Midas cichlids have biparental care; both father and mother fish watch
    over the fry. Unfortunately for them, they still lose a lot of their
    young to predators. So to avoid losing too many of their own babies,
    they actually go out and kidnap the fry of other Midas cichlids, or
    even other species of fish. (In one case, while one pair of Midas
    cichlids was fighting another pair, the male of a third pair sneaked in
    and took about fifty fry back to his own territory.) Predators are
    just as happy to eat the adopted fry as the parents' own young, so as
    long as the larger school of fry doesn't attract more predators, more
    of the parents' own young will survive.

    The convict cichlid also practices adoption, but is fussier: it will
    only adopt fry that are smaller than its own. Predators will tend to
    attack the smaller adopted fry because they're easier pickings.

    [paraphrased from George W. Barlow, _The Cichlid Fishes: Nature's Grand
    Experiment in Evolution_, p. 202-203]

    ** *** ***** ******* *********** *************

               The RMAC Authentication Mode

    As part of the AES process, NIST has embarked on a program to
    standardize various modes of operation for the block cipher. Aside
    from the encryption modes we're all used to from DES days, NIST is
    trying to standardize on authentication modes as well.

    The first mode NIST has proposed is RMAC (Randomized Message
    Authentication Code). It has the advantage of having a security
    proof. In fact, if you use triple-DES as the underlying cipher in an
    RMAC construction (the RMAC mode can work with any block cipher), then
    the resulting construction is provably secure. But this is the very
    same construction that Lars Knudsen broke in a recent paper.

    What's going on here? On the one hand, RMAC is a provably secure
    mode. On the other hand, there's a working attack against it. That's
    not supposed to happen!

    Let's take things one at a time...

    RMAC is secure in something called the ideal cipher model. As part of
    that model's assumptions, the underlying block cipher needs to be
    secure against a variety of attacks, including related-key attacks. If
    a block cipher is susceptible to related-key attacks, then it would be
    inappropriate to model it as an ideal cipher and the RMAC security
    proof would not apply.

    Now if triple-DES can be modeled by an ideal cipher, then
    triple-DES-RMAC ought to be secure. In fact, NIST's RMAC standard
    includes triple-DES-RMAC is one of the two options. (AES-RMAC is the
    other.) However, it's been shown that triple-DES is not secure
    against related-key attacks. Even worse, it is this related-key
    property that Knudsen uses to break triple-DES-RMAC. His attack
    requires 2^16 chosen messages and about 2^56 work, which makes it
    practical with today's computing resources.

    So now we can explain what happened. The proof of security for RMAC
    only works if you assume use of an ideal cipher. If you want to draw
    any conclusions about RMAC with a real block cipher like triple-DES or
    AES, you have to hope that your real block cipher behaves enough like
    an ideal cipher that the same proof still carries over. In the case of
    triple-DES, that hope turned out to be false. Triple-DES is not well
    modeled as an ideal cipher, because triple-DES is vulnerable to
    related-key attacks. And as Knudsen showed, if there are related-key
    attacks on your real block cipher, this not only renders the proof
    irrelevant and "invalidates the security warranty," it can also lead to
    serious attacks on RMAC.

    At this point, the most interesting question is whether AES-RMAC is
    secure. If you want to think that the proof of security for RMAC says
    anything about AES-RMAC, you have to hope that AES behaves like an
    ideal cipher. One necessary condition for the latter is that AES must
    be secure against related-key attacks.

    AES is a new cipher, and the security of it against related-key attacks
    has not been well-studied. For the most part, cryptanalysts focus on
    the standard threat model (chosen plaintext/ciphertext attacks), and
    related-key attacks are only occasionally studied. What little we do
    know about the security of AES against related-key attacks suggests
    that AES has considerably less strength against related-key attacks
    than against normal attacks: the best related-key attack (found after
    only a few weeks of analysis) breaks nine rounds.

    The lesson here is that the ideal cipher model is not as powerful a
    tool as some think it is, and a mode of operation that is secure in
    that model isn't necessarily secure in practice. Cryptography theory
    is mature enough to base designs on, but there's still no substitute
    for detailed cryptanalysis. RMAC should not become a NIST standard.

    NIST RMAC Specification:
    <http://csrc.nist.gov/publications/drafts/draft800-38B-110402.pdf>

    NIST Modes of Operation page:
    <http://csrc.nist.gov/encryption/modes>

    Comments on RMAC:
    <http://csrc.nist.gov/encryption/modes/comments/>
    The analyses of David Wagner, Phil Rogaway, and Lars Knudsen are
    especially worth reading.

    Related-key attacks against triple-DES:
    <http://www.counterpane.com/key_schedule.html>

    Related-key attacks against AES:
    <http://www.counterpane.com/rijndael.html>

    This article was written with the help of David Wagner.

    ** *** ***** ******* *********** *************

                 Comments from Readers

    From: "Jennifer S. Granick" <jennifergranick.com>
    Subject: Counterattack

    The noisemaking analogy is an interesting one because it relates to an
    argument we're making in the Intel v. Hamidi case, where Intel got an
    injunction stopping Hamidi from sending e-mails to intel.com
    addresses. Intel argues that the e-mail servers are their private
    property, and they have the right to exclude people from use of their
    property, as they would from their buildings, or from use of their
    car. We argued that extending that kind of private property right to
    the networked world would mean that the Internet is not a public
    commons but a series of private fiefdoms, a model detrimental to
    socially beneficial uses. We suggested that the problem of spam and
    unwanted e-mail is best considered as a nuisance problem, exactly the
    way the law looks at things like too much noise coming from one
    property and washing over into the next. The properties share a common
    thing, air or "ether" as the case may be, and rather than the absolute
    right to exclude, the court should weigh the harm to and interests of
    each party in determining whether anyone has the right to stop Hamidi
    from sending the e-mail from his own property.

    I like that you immediately went for the commons/nuisance model, rather
    than the strict private property model. It makes me feel that nuisance
    is intuitively right to those familiar with the Internet. Of course,
    if you were a lawyer arguing this point, you'd adopt the stricter
    property view and say that the strikeback targets have the absolute
    right not to be patched, etc. because that's the stronger right.

    In the nuisance context, since there's a balance of rights and harms,
    the law really is your only recourse. Going over there and taking the
    stereo is not allowed. But there are concepts like self-defense and
    defense of others that permit the violation of others' personal and
    property rights in certain narrow cases. It depends on what interest
    you're protecting, person or property, and whether you've only
    counter-attacked to the extent necessary to protect that interest and
    no further.

    From: "Tim Mullen" <ThorHammerofGod.com>
    Subject: Counterattack

    When it comes to the MPAA, I absolutely agree -- but there are several
    key differences between what people like Berman are proposing and what
    I am doing... For one, there is already a framework of law and
    protocol for copyright holders to seek remedy. Copyright law is
    extensive, and has a long history of case law. The Berman bill will
    provide for a copyright holder to circumvent this existing framework in
    order to take immediate action against alleged acts of copyright
    infringement. More importantly, the spirit of the bill/action is much
    different. We seek to impede the propagation of global worms. Our
    actions against the attacking system are limited specifically to the
    scope of the attacking process -- no other action is taken against the
    system or other processes. No harm is caused to the attacking system,
    or to the administrator/owner of the system (not purposefully,
    anyway.) The entire basis of the Berman bill is to allow the copyright
    holder to inflict willful and substantial "damage" against the alleged
    system and owner to the degree that they will stop the alleged
    activity. They *want* to hurt the end user -- they want to cause
    enough trouble for the user that they will give up.

    There is no framework in place to which to take guidance when it comes
    to protecting our property and equipment from constant attack. There
    needs to be. The other big difference is that the Berman bill proposes
    that the copyright holder can take action against people *who are
    committing a crime*. The alleged activity is against the law -- here,
    when you set up a Win2k box on the net and it gets Nimda and attacks
    everyone non-stop, it is *not* a crime. There is nothing illegal about
    being stupid, or not knowing how to secure a system.

    We have to look at this within the confines of stopping an attacking
    process -- we can't make it "personal" as if we are doing something
    against the people who own these boxes. And actually, the law supports
    this differentiation: If I personally set up a Win2k box at default,
    knowing that it will be compromised in 10 minutes and start attacking
    "close" boxes to me, I have not committed a crime. However, if I run a
    Perl script that executes the same exact GET requests against the exact
    same boxes, I have committed a felony.

    If the tie between administrator and the actions of his equipment
    cannot support culpability for actions in tort (as in them being
    responsible for their computer getting Nimda), how can we support the
    same logic required to say that we are infringing upon the
    administrator's rights when we neutralize the attack? Why are we
    pretending that the box has rights?

    Even if we do take the stance that the box has some implicit right, we
    should treat it like we do a criminal -- if a person's actions show
    that they cannot operate in society without hurting other people or
    infringing upon their rights, we take their rights away, and keep them
    from doing so. The very infestation of a system by a worm shows that
    it is not configured in a state that it should be to participate in a
    global network -- therefore, it loses some rights (that I don't think
    it should have in the first place).

    Homeowner-type analogies never really work; there is just too much one
    can say one way or the other to fit the desired outcome. Do I get to
    trespass on a neighbor's property to disable the noisemaker? Probably
    not, but one might actually be able to under certain nuisance law. I
    could always say back that if my bike was stolen, and I saw it in your
    yard, I certainly do have the right to go onto your property and take
    it back -- the law says I can. So where does it stop?

    If you really wanted the analogy to be accurate to this issue, we would
    have to say that the house alarm not only caused noise of its own, but
    that it made other house alarms around it go off, which made other
    house alarms around them go off, etc, etc. Pretty soon, everyone has
    to shout just to be heard. None of this noise is against the law, so
    the police won't help you. The manufacturer of the alarms says that it
    is the homeowner's fault for not knowing how to install them and that
    it is not their problem. Further, all the criminals know that the
    homes with the alarms going off are completely wide open, so they use
    the alarm signal to hunt down homes to take over to use for some future
    illegal activity. The really bad thing is that when you try to talk to
    the neighbors about all the noise, they say "What noise? We don't hear
    any noise. Go away."

    From: John Kelsey <kelsey.jix.netcom.com>
    Subject: Counterattack

    Just a nitpick on your counterattack article: I don't think justice
    depends on the government doing the punishment. (Think of a really
    corrupt government, where the punishment is always done to the person
    who paid the lowest bribe.) Having a neutral third party investigate
    the facts and decide what punishment or restitution should be made is a
    way to try to get justice in punishment or restitution, but it's
    neither the only way to get it nor guaranteed to get it. And that
    neutral third party may or may not be the government.

    A really obvious example of justice being done by non-governments is
    when a parent successfully determines which kid started the fight and
    assigns punishments appropriately.

    It seems obvious that automated counterattacks are a bad idea in nearly
    all cases. Not only do you have a real hard time guaranteeing that
    your automated system correctly identified the attacker, you also have
    a hard time guaranteeing that the owner of the counterattacking system
    didn't generate the evidence of the initial attack on his own to
    justify his counterattack. And you can easily imagine a "war" starting
    between two or three such systems. (Note that all of these are
    problems that appear in vigilante justice, as well -- the lynch mob
    hangs the wrong guy, the lynch mob is started by a false accusation by
    the target's enemies, or you lynch me, and then my friends and family
    lynch you.)

    From: Paul Mantyla <pjm1212yahoo.com>
    Subject: Counterattack

    In the December 15 Crypto-Gram, you state, "Our laws give us the right
    to justice..." This is too strong a statement and your statements that
    follow fail to correct the error. Only an omniscient being is able to
    determine what is just.

    Our best approximation is a set of laws and civil rights. As Oliver
    Wendell Holmes famously remarked, "This is a court of law, young man,
    not a court of justice." Is it just for a guilty man to go free, or
    for an innocent man to be convicted? The government is most dangerous
    when it ignores the law and the Constitution in pursuit of
    justice. For example, in apparent violation of the 5th amendment's
    protection against double jeopardy, the doctrine known as "dual
    sovereign" allows the state and federal governments to prosecute a
    person for the same act (e.g. police officers in the Rodney King case).

    See "An Ever-Expanding Double Jeopardy Loophole" in the Cato
    Institute's Handbook for Congress:
    <http://www.cato.org/pubs/handbook/hb105-22.html>. As citizens of the
    United States, we have a right to many things, but a "right to justice"
    is not one of them.

    From: Daniel Upper <upperpeak.org>
    Subject: Counterattack

    Until the courts do sort out when counterattack is permissible, I'd
    like to suggest the necessity defense as a way of thinking about
    it. In general, a defendant is not guilty of violating a law if it was
    necessary to do so. The criteria for necessity vary somewhat, but they
    generally look about like this:

    * The action was done to avert a threat of immediate, significant harm.

    * The harm caused by the action was not disproportionate to the harm
    avoided.

    * There is no reasonable legal alternative to the action.

    * The actor reasonably believed that his/her action would prevent the
    significant harm.

    * The defendant did not cause the threat of harm.

    This test is fairly stringent and broadly applicable. Most specific
    emergency exceptions -- e.g., self-defense, emergency medical care by
    non-doctors -- can be looked at as special cases of it. I expect that
    any counterattack the courts eventually decide to allow will also meet
    these criteria.

    Note also that there is nothing here about justice or punishment. It
    only sanctions preventing harm.

    From: Michael Nygard <mtnygardcharter.net>
    Subject: Counterattack

    There is a nuance to the counter-attack proposals that I wish you had
    discussed in your essay. The essential difference is between that of
    vengeance and self-defense. If you are the victim of a crime, then you
    have the right to defend yourself -- during the commission of the crime.

    Just as breaking and entering can escalate to robbery-homicide in a few
    chaotic seconds, we must recognize that an intrusion can escalate from
    minor to catastrophic in milliseconds. Though this point is still
    controversial among law-makers and law-enforcers, self-defense is
    widely viewed as the way to prevent a situation from
    escalating. Automated counter-attacks perform the same function;
    limiting the amount of damage done by the attacker, perhaps preventing
    the crime from escalating from petty vandalism to grand larceny.

    It would be simplistic to say that the same act is self-defense during
    a crime, but vigilantism afterwards. Still, when law enforcement
    cannot possibly respond during the crime itself, a swift counter-attack
    may be the only protection available.

    From: Brian Beesley <BJ.Beesleyulster.ac.uk>
    Subject: Counterattack

    There are a couple of points you might have missed:

    (1) If it's accepted that X can counterattack you on the grounds that X
    suspects (maybe even has hard evidence) that you are attacking X in
    some way, then why can't you counter-counter-attack? The point here is
    that if X is the "big guy" and there are lots of people in my position,
    we (acting in concert) are more likely to be able to inflict serious
    damage on X than vice versa.

    (2) The counterattack mechanism depends on us leaving our computers
    open to attack and/or engaging in unsafe conduct (e.g., running scripts
    downloaded from Web pages). This strategy may be fairly successful
    against casual users but will likely have no effect whatsoever on
    anyone who deliberately sets out to act "illegally."

    The "Berman bill" is fatally flawed -- not because of its political
    content, but because it fails to address the problem. The proposed
    legislation is designed to "feel good" to its proposers rather than to
    be effective.

    There simply is no need for further legislation, at any rate in most of
    the developed world. What is needed is the will for those who feel
    they are being robbed of their intellectual property to gather evidence
    which could be presented under existing legislation, rather than just
    moaning about their (dubious) loss of sales.

    From: Mike Koptiw <mkoptiwatt.net>
    Subject: Counterattack

    I agree that vigilantism is morally wrong, and I agree that the state
    is best situated to handle justice. But, from a legal argument point
    of view, I would make a distinction between strikeback to a DOS attack
    and strikeback to a copyright violation.

    As always, it depends. In some cases, general, common law principles
    of tort actually privilege a victim's action against a
    perpetrator. First, common law does not privilege the use of force to
    recover lost property. Our courts resolve these issues. The law
    handles this, and it does not stand for vigilantism.

    However, common law does privilege the use of force in defense of
    property from forcible trespassers. The force one may use must be
    proportional to eject the trespasser, and once the trespasser has left
    the property, the victim may not pursue the trespasser with force.

    So I think that there are common law, theoretical legal arguments for
    strike back in DOS and intrusive hacking cases when there is a virtual
    trespasser (be it a rogue DOS packet or a hacker's presence), but it
    there is no legal leg to stand on when the attack is based solely on
    recovering a right to content on the person's computer (like RIAA's
    proposal).

    From: Marko Asplund <aspakronodoc.fi>
    Subject: Counterattack

    In addition to being an ethically and morally questionable idea, I fail
    to see how automated strike-back technology would save the Internet
    from global worm attacks. Strike-back could perhaps be successfully
    utilized against contemporary worms such as Nimda which decide to leave
    the door open as they come in but it is naive to think that the next
    generation worms will continue to do so.

    The definition of clear responsibilities is challenging in case the
    strike-back fails. Even if the strike-back uses minimal force and
    extreme care is put into crafting the neutralizing code, it is always
    possible that something goes wrong and the target system fails in some
    way after the neutralization. What if the infected system controls
    life-support systems in a hospital? If human lives are lost because of
    the strike-back, who is responsible if the system fails to function
    after the strike-back? There's always a small number of vendor
    software patches which have unexpected results in a small number of
    target systems. Why wouldn't there be any with strike-back systems?

    Mullen draws parallels between self-defense and strike-back, but one
    difference is that a software system on the Internet doesn't have as
    much intelligence or information on the attack context or the attacker
    as a human being under attack would have. Using your noisy neighbor
    analogy, one could say strike-back is like trying to shut the noisy
    device down using a shotgun...and aiming with a blindfold on.

    From: Rick Bressler <bresslerthe-bresslers.com>
    Subject: Counterattack

    After reading this article and reflecting for a bit, I am wondering if
    we're not seeing the beginnings of a "self defense" doctrine on the
    Internet, although at this point much of the legislation is clearly
    misplaced and inappropriate, as is often the case when our lawmakers
    try to adapt to new situations.

    I think it bears pointing out that your comparisons to crime in the
    physical world leave out the concept of self-defense completely. (Is
    this intentional?) In the real world there is a big difference between
    self-defense, a preemptive strike, and vigilantism. All of these have
    large bodies of case law around them.

    Clearly a preemptive strike is illegal. (Unless you're a government of
    course. :-)) You can't attack somebody just because you think they
    *may* attack you at some future date.

    Vigilantism is taking the attack back to your aggressor after the fact,
    or seeking justice on your own. Clearly this can't be allowed in
    civilized society, nor is it condoned by any legal system I'm aware of,
    although at various times and places it has been overlooked.

    Self-defense is a response to the immediate threat of death or grave
    bodily injury. Does such a doctrine have a place in the cyber
    world? In your example of somebody actively attacking a machine or
    better yet a critical infrastructure server, and the victim responding
    by shutting them down, we have a situation that to some extent
    parallels the act of self defense in the real world, at least to the
    extent that you are responding to an immediate and possibly serious
    threat. Perhaps one at least temporarily 'lethal' to the Internet.

    Note that in the non-cyber world we typically reserve this right only
    for the most severe crime, the threat of taking an innocent life or, in
    rare cases, property. Is there a case where this might be extended to
    an "innocent server"? Perhaps one protecting your home network? Credit
    card data? Bank account? A small number of servers that the whole
    Internet depends on?

    From: Nicholas Weaver <nweaverCS.berkeley.edu>
    Subject: ONE case where vigilantism worked...

    There actually is one case where vigilantism worked: the das-bistro
    anti-code-red-II default.ida script.

    This script, when installed on a Web server, would respond to a Code
    Red II probe with a counterattack which disabled the Web server using
    the Code Red II installed backdoor and restarted the machine, clearing
    the Code Red II infection (memory resident) and preventing reinfection
    and machine abuse.

    Considering that all those machines were broadcasting that they are
    trivially vulnerable, removing them from the net is probably necessary,
    especially since there ARE no police to call: there is no standard way
    to say "this machine is compromised" and get the ISP to do anything
    about it.

    Someone malicious could have just as easily tweaked and released
    CRclean (a passive, sourcecode only "antiworm" published on BugTraq)
    with a malicious payload to co-opt all those machines. Thus, having a
    small/medium number of anti-code-red-II Web pages was probably of benefit.

    Of course, it only worked because of CRII's authors silliness and/or
    strategic stupidity (don't make control channels that can be used by
    anyone unauthorized, and close the hole you came in on).

    From: "John.Deters" <John.Deterstarget.com>
    Subject: Counterattack

    In your article, you claim that vigilantism is wrong, an idea that
    "society after society has eschewed."

    You don't seem to take into account that the Internet is a brand-new
    *kind* of society. For the first time in history, we have a society
    that is not tied to geography. All legal systems were and are still
    tied to geopolitical boundaries. But IP packets don't apply for visas
    before crossing those boundaries. The wires and fibers carry goods,
    services, and mischief equally, and without prejudice. So commerce
    occurs, regulated and taxed only by people naive enough to volunteer to
    their local governments that they deserve to be regulated or taxed for
    their online activities. And mischief occurs too; but the mischief
    makers do not usually feel such compulsions to report their activities.

    Also, the definition of mischief varies depending on where you
    stand. The RIAA believes that mischief happens when a song is
    downloaded. I believe that it happens when I get spam or some lame
    e-mail virus. You believe it happens when your clients get DDOS attacked.

    There is no global government regulating this Internet society. A
    patchwork of geographically bound law enforcement agencies hunting down
    mischief makers is about all we have right now. Sometimes they stop at
    their boundaries, sometimes they call their cohorts on the other side
    of the boundary to make an arrest on their behalf. Most of the time
    they do nothing.

    So in a basically lawless society, one that has not yet formed a
    cohesive government, one that allows a mischief maker to hide between
    governments, what would you have people doing when nobody can provide
    justice? Should they do nothing? Call the FBI? Call for a Global
    Internet Government?

    Vigilantes are not simply "taking the law into their own hands,"
    because usually there is no law that can be applied. So if a hacker
    goes after a spammer's computer, I'll cheer. If the RIAA goes after a
    Napster user's computer, I don't really care. I'll defend myself on
    the Internet, thank you very much. But the one thing I am SURE I don't
    want to see is a global regulatory agency deciding whether or not they
    "approve" of the packets I'm sending. Because I have no doubt that
    whatever I send or receive, be it music, pictures, or subversive e-mail
    to some crypto newsletter, some group will be offended and call for my
    arrest.

    From: "Tousley, Scott W." <Scott.Tousleyanser.org>
    Subject: Department of Homeland Security

    In the December 2002 Crypto-Gram, your comments on the Department of
    Homeland Security included: "Security has two universal truisms
    relevant to this discussion. One, security decisions need to be made
    as close to the problem as possible... Two, security analysis needs to
    happen as far away from the sources as possible."

    I do not agree fully with the second truism, because security analysis
    of rare events must be both centralized and decentralized. Security
    analysis is increasingly a distributed challenge that will continue to
    involve a judicious mixture of systems and people, and this analysis
    challenge requires a substantial amount of context that only comes with
    proximity. We must somehow enable effective analysis from the national
    and international analysts all the way down to the ground-level
    security guard and first-line supervisor. Cops and guards and
    first-responders can fight terrorism effectively only if they
    themselves are lightly steeped in and contribute to the larger analysis
    context. The strength, flexibility and evolution of networks can
    support much of this need, if these still-embryonic networks are not
    squashed by bureaucratic interests of a national Homeland Security
    Department and various state and municipal counterparts fighting to
    feed at the trough. I do worry that our reorganization will make
    security more brittle when we coordinate too heavily in the name of
    political, bureaucratic, and budgetary efficiency.

    From: The Wengers <wengerbigfoot.com>
    Subject: Department of Homeland Security

    I agree with your assessment that analyzing intelligence should not be
    solely entrusted to the new Dept. of Homeland Security. But I see some
    very disturbing signs that the balance has been tipped too far the
    other way in order to protect the turf of our existing intelligence
    agencies.

    The tension is to create enough overlapping jurisdiction so that things
    don't fall through the cracks, but not so much as to create unnecessary
    redundancy and wasteful turf battles. Therefore, I was disturbed to
    read a recent Washington Post article called "Homeland Security Won't
    Have Diet of Raw Intelligence Rules Being Drafted to Preclude
    Interagency Conflict" (by Dan Eggen and John Mintz, Dec. 6, 2002; page
    A43). The article notes that "[f]or now, the intelligence agencies
    have persuaded the White House that information provided to the
    Homeland Security Department should be in the form of summary
    reports. Those summaries generally will not include raw intelligence
    or details on where or how the information was gathered, in order to
    protect sources and methods."

    It may not make sense to strip the existing intelligence agencies of
    their intelligence gathering and analysis roles for the reasons you
    gave. However, if this Homeland Security Agency is to serve any vital
    role, it should be as a coordinator of threat analysis and
    response. And I don't believe it can do that job in a meaningful way
    if it is required to rely solely on second-hand data. As you aptly
    wrote "[a]ll these [intelligence] organizations have to communicate
    with each other, and that's the primary value of a Department of
    Homeland Security. One organization needs to be a single point for
    coordination and analysis of terrorist threats and responses. One
    organization needs to see the big picture, and make decisions and set
    policies based on it." But how can the Homeland Security Director see
    the big picture and make fully informed decisions if his/her staff
    cannot review the data upon which the conclusions they are being fed
    are based? This effort by the CIA, NSA and FBI to keep Homeland
    Security's snout out of the intelligence data trough cannot be a good sign.

    The Washington Post article goes on to note that "Administration
    officials already are considering, for example, whether to include
    homeland security representatives as members of the 56 regional Joint
    Terrorism Task Forces, which oversee local terror investigations." How
    could this be an item for debate? If you look at the FBI's description
    of the JTTF program, it involves representatives of scads of federal
    agencies along with state and even local agencies. "There are
    currently 36 JTTFs in operation, which reflects an increase of 25 task
    forces since 1996, to which more than 620 FBI special agents are
    assigned, and approximately 584 full-time and part-time officers from
    other federal, state, and local agencies are assigned. Full-time
    federal participants in the JTTF program include the Immigration and
    Naturalization Service; U.S. Secret Service; Naval Criminal
    Investigative Service; U.S. Marshals Service; U.S. Customs Service;
    Bureau of Alcohol, Tobacco, and Firearms; U.S. Border Patrol; U.S.
    Department of State/Diplomatic Security Service; Postal Inspection
    Service; Internal Revenue Service; Department of Interior's Bureau of
    Land Management; Air Force Office of Special Investigations; U.S. Park
    Police; Federal Protective Service; Treasury Inspector General for Tax
    Administration; and the Defense Criminal Investigative Service." (Nov.
    13, 2001, Statement for the Record of Assistant Director Kathleen
    McChesney Training Division, FBI on Communication with the Law
    Enforcement Community Before the United States House of Representatives
    Committee on Government Reform Washington, D.C.
    <http://www.fbi.gov/congress/congress01/mcchesney111301.htm>)

    Let me get this straight, the Park Police and the Bureau of Land
    Management are represented in the Joint Terrorism Task Forces but the
    Department of Homeland Security is not? How can this be a good sign?

    ** *** ***** ******* *********** *************

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