http://www.theregister.co.uk/2014/04/11/heartbleed_health_checking_services_may_be_illegal/
It may be ILLEGAL to run Heartbleed health checks – IT lawyer

Websites and tools that have sprung up to check whether servers are
vulnerable to OpenSSL's mega-vulnerability Heartbleed have thrown up
anomalies in computer crime law on both sides of the Atlantic.

Both the US Computer Fraud and Abuse Act and its UK equivalent the Computer
Misuse Act make it an offence to test the security of third-party websites
without permission.

Testing to see what version of OpenSSL a site is running, and whether it is
also supports the vulnerable Heartbeat
protocol<http://www.theregister.co.uk/2014/04/10/many_clientside_vulns_in_heartbleed_says_sans/>,
would be legal. But doing anything more active – without permission from
website owners – would take security researchers onto the wrong side of the
law.

Chris Wysopal, co-founder of Veracode and former member of the celebrated
Boston-based hacking crew L0pht, was among the first security researchers
to raise the issue <https://twitter.com/WeldPond/status/454162666534490112>:

*Does probing for the #heartbleed
<https://twitter.com/search?q=%23heartbleed&src=hash> vuln without a
website owners permission violate the #CFAA
<https://twitter.com/search?q=%23CFAA&src=hash>? Are the testing sites
legal?*

*— Chris Wysopal (@WeldPond) April 10, 2014
<https://twitter.com/WeldPond/statuses/454162666534490112>*

"I would say it would certainly contravene the Computer Misuse Act in the
UK," said <https://twitter.com/dlitchfield/status/454163390349316098>computer
security researcher David Litchfield, a celebrated expert in
database security issues. "This is no different than say testing to see if
a site is vulnerable to SQL injection. It's not legal without permission."

Unauthorised security probing is illegal under section 3 of the UK's Computer
Misuse Act 1990 <http://www.legislation.gov.uk/ukpga/1990/18/section/3>,
whatever the intent, as case law <http://www.scl.org/site.aspx?i=ed832> has
established.

IT lawyer Dai Davis, a solicitor at Percy Crow Davis & Co , told *El
Reg*that actively scanning for the Heartbleed vulnerability would
violate the
UK computer crime laws, even though this "violation" is unlikely to be
enforced.

"Under UK law you could argue running scans is just about criminal," Davis
told *El Reg*. "It's not in the spirit of the law but the Computer Misuse
Act is badly written."

Some security researchers argued that there ought to be an exemption to
these laws if the activity is "helpful", while others say that this aspect
of computer crime law is not being enforced or is, in any case, being
ignored.

"It’s not legal, but vast numbers of otherwise ethical security
professionals are testing every site on the internet,"
tweeted<https://twitter.com/mckeay/status/454167361969741824>Martin
McKeay, a security researcher at Akamai.

Heartbleed is a pretty bad
bug<http://www.theregister.co.uk/2014/04/09/heartbleed_explained/>in
widely used OpenSSL that creates a means for attackers to lift
passwords, crypto-keys and other sensitive data from the memory of secure
server software, 64KB at a time.

The mega-vulnerability was patched earlier this week, and software should
be updated to use the new version, 1.0.1g. But to fully clean up the
problem, admins of at-risk servers should generate new public-private key
pairs, destroy their session cookies, and update their SSL certificates
*before* telling users to change every potentially compromised password on
the vulnerable systems. ®







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