When Sa'ud had first conquered his Kingdom, many people traveled vast distances 
to pay omage to the new King.  One day a man was traveling a common route to 
the King's city when he came upon a bag that had fallen off another travelers 
camel.  The man, desiring to return the belongings to the owner, picked up the 
bag and took it with him.  At the conclusion of the man's visit with the King, 
which went very well, he informed the King that he had found the bag and 
identified to whom the bag belonged.  The King asked how he came up on this bag 
and how he knew the owner.  The man said he found the bag, looked inside and 
identified the belongings.  He had brought it to the King because he knew the 
King would return it.  The King immediately called his securirty in and ordered 
the men to cut the man's hand off for stealing the bag.  The man pleaded that 
he did not steal the bag and asked for mercy.  The man's hand was removed.  The 
King told the man that the bag should've been left were it was.  It didn't 
belong to him and therefore it shouldn't have been touched by anyone except the 
owner who was probably looking for it.
 
Wow!  What a story...and it is true.  I guess what I'm saying is that nobody 
should go sniffing, poking, proding, snooping, borrowing, etc without the 
direct knowledge of the owner.  Does my analogy apply here?  I guess they 
shouldn't have been probing the system in the first place.  Had they NOT, they 
wouldn't have been in any legal trouble.  Working with a class (even MIT) is 
unimportant.

 

That’s just my opinion.



Thomas J. Raef

e-Based Security, LLC

http://www.ebasedsecurity.com

[EMAIL PROTECTED]

1-888-251-5803

 

From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Richard M. Smith
Sent: Thursday, August 14, 2008 4:37 PM
To: [email protected]
Subject: [funsec] Hacking and free speech

 

http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2008/08/14/hacking_and_free_speech/

THREE MIT students claim to have identified ways of hacking the MBTA's 
automated fare-collection system, and they could have spared themselves some 
trouble had they notified the transit agency of any security flaws right away. 
The T found out about their work only after they made plans to describe their 
discoveries last Sunday at DEFCON, a conference for hackers. On Saturday, the 
agency persuaded US District Judge Douglas Wood-lock to issue a temporary 
restraining order against the undergrads.

But what the students should have done out of moral obligation and what they 
have the right to do under the First Amendment are two different questions. For 
good reason, US courts have long been highly skeptical of prior restraints on 
what may be said in a public forum. Woodlock strayed into dangerous territory 
by restricting what the students could disclose at the conference. At a hearing 
today, Judge George O'Toole will hear motions to modify or lift the order. He 
ought to lift it.

The order had its intended effect, for the students did not give their talk. 
But it would be a mistake to regard them merely as mischief-makers bent on 
helping scofflaws ride for free. Finding security breaches in electronic 
systems is a legitimate, even vital, line of inquiry. The students began 
looking into the T's CharlieCards and CharlieTickets in conjunction with an MIT 
class.

The T says it wants to enforce the principle of "responsible disclosure" - the 
notion that a security researcher who finds a flaw in an electronic system 
should notify the owner and give sufficient time to fix the breach before going 
public.

The students and T officials met for the first time about a week before DEFCON. 
The transit agency argues that the students did not offer enough information to 
judge whether they would behave responsibly at the conference. But should the T 
be the arbiter of what constitutes responsible disclosure? The students' lawyer 
says they met the standard, because they planned to withhold from their talk 
key information necessary to cheat the fare collection system.

In any case, responsible disclosure, while a valuable ethical standard, is not 
enshrined in federal statutes, and should not trump First Amendment rights. 
Such rights aren't absolute; if the students were to incite others to commit 
crimes, they could face civil and criminal penalties. But if expression can 
lead to penalties after the fact, that is one more reason not to block it in 
advance.

The MIT undergrads and others in this field surely need to learn that, even if 
they have a First Amendment right to disclose their work at their discretion, 
it doesn't mean they always should. But the MBTA should recognize that security 
flaws are a design problem, not a legal one. 

 

 

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