See:

http://www.eff.org/Privacy/Surveillance/Terrorism_militias/
20011031_eff_usa_patriot_analysis.html

You may be accused of providing "material support" (?? 803, 805) to
terrorists.

By creating and releasing an exploit tool you may be accused of "terrorism
transcending national borders per 18 USC ?2332b"

You'll definitely be accused of violating the Computer Fraud and Abuse Act,
which is really given some teeth by the Patriot Act:

"Computer Fraud and Abuse Act (CFAA), 18 USC ?1030. USAPA sec. 202 adds
felony violations of the CFAA"

"The EFF is also deeply dismayed to see that the Attorney General seized
upon the legitimate Congressional concern following the September 11, 2001
attacks to pad the USAPA with provisions that have at most, a tangential
relationship to preventing terrorism. Instead, they appear targeted at low
and mid-level computer defacement and damage cases which, although clearly
criminal, are by no means terrorist offenses and have no business being
included in this bill."

-----Original Message-----
From: Oliver Lavery [mailto:oliver.laverysympatico.ca]
Sent: Thursday, January 23, 2003 10:22 AM
To: jasoncscience.org; 'The Blueberry'; BlueBoarthievco.com
Cc: vuln-devsecurityfocus.com
Subject: RE: What to do with a vulerability?

Hi guys,

        Blue Boar's suggestion is pretty much how I'm going, after being
brushed off by a few researchers (and CERT), who seem to have given me the
'once you have root you can do anything, so who cares?' line. I think that
that's bullocks in certain cases, like this one, so I think publishing a
non-viral PoC is the way to go. Oddly you don't even realy have to have root
(*ehm* Administrator) to achieve what I'm talking about.

        Jason's point is well taken though. I get the connection with the
DMCA, but would one of you yankees be so kind as to explain how
P.A.T.R.I.O.T applies to this sort of thing? (I'm Canadian myself ...
Fortunately we don't sign away our rights quite as easily).

        Thanks, btw. The discussion my post generated has been most
informative. Sorry I haven't replied to the slew of responses and questions
(many of which didn't hit the list), but I've received rather a surprisingly
large amount of mail about this.

        BB, incidentally, you asked "So you are saying you've got a way to
hide a process running on a Windows machine?". Yeah, that's precisely what
I'm saying ... Hide a process, registry keys, files etc.

Cheers,
~ol

-----Original Message-----
From: Jason Coombs [mailto:jasoncscience.org]
Sent: January 23, 2003 3:04 PM
To: The Blueberry; BlueBoarthievco.com; oliver.laverysympatico.ca
Cc: vuln-devsecurityfocus.com
Subject: RE: What to do with a vulerability?

When you think explicit thoughts and share them with others in detail you
may be found guilty of violating the DMCA or the Patriot Act.

Viral vs. non-viral is an unimportant distinction -- if you choose to engage
in this business, be sure you can document your good intentions and your
legal forensic procedures because they are your only legal defense against
prosecution.

Persecution, on the other hand, is a given.

Sincerely,

Jason Coombs
jasoncscience.org

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