Entries Tagged "courts"

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"Scareware" Vendors Sued

This is good:

Microsoft Corp. and the state of Washington this week filed lawsuits against a slew of “scareware” purveyors, scam artists who use fake security alerts to frighten consumers into paying for worthless computer security software.

The case filed by the Washington attorney general’s office names Texas-based Branch Software and its owner James Reed McCreary IV, alleging that McCreary’s company caused targeted PCs to pop up misleading security alerts about security threats on the victims’ computers. The alerts warned users that their systems were “damaged and corrupted” and instructed them to visit a Web site to purchase a copy of Registry Cleaner XP for $39.95.

I would have thought that existing scam laws would be enough, but Washington state actually has a specific law about this sort of thing:

The lawsuits were filed under Washington’s Computer Spyware Act, which among other things punishes individuals who prey on user concerns regarding spyware or other threats. Specifically, the law makes it illegal to misrepresent the extent to which software is required for computer security or privacy, and it provides actual damages or statutory damages of $100,000 per violation, whichever is greater.

Posted on October 2, 2008 at 7:03 AM • View Comments

India Using Brain Scans to Prove Guilt in Court

This seems like a whole lot of pseudo-science:

The technologies, generally regarded as promising but unproved, have yet to be widely accepted as evidence—except in India, where in recent years judges have begun to admit brain scans. But it was only in June, in a murder case in Pune, in Maharashtra State, that a judge explicitly cited a scan as proof that the suspect’s brain held “experiential knowledge” about the crime that only the killer could possess, sentencing her to life in prison.

[…]

This latest Indian attempt at getting past criminals—defenses begins with an electroencephalogram, or EEG, in which electrodes are placed on the head to measure electrical waves. The suspect sits in silence, eyes shut. An investigator reads aloud details of the crime—as prosecutors see it—and the resulting brain images are processed using software built in Bangalore.

The software tries to detect whether, when the crime’s details are recited, the brain lights up in specific regions—the areas that, according to the technology’s inventors, show measurable changes when experiences are relived, their smells and sounds summoned back to consciousness. The inventors of the technology claim the system can distinguish between people’s memories of events they witnessed and between deeds they committed.

EDITED TO ADD (10/13): An expert committee said it is unscientific, but their findings weren’t accepted.

Posted on September 22, 2008 at 6:10 AM • View Comments

TSA Follies

They break planes:

Citing sources within the aviation industry, ABC News reports an overzealous TSA employee attempted to gain access to the parked aircraft by climbing up the fuselage… reportedly using the Total Air Temperature (TAT) probes mounted to the planes’ noses as handholds.

“The brilliant employees used an instrument located just below the cockpit window that is critical to the operation of the onboard computers,” one pilot wrote on an American Eagle internet forum. “They decided this instrument, the TAT probe, would be adequate to use as a ladder.”

They harass innocents:

James Robinson is a retired Air National Guard brigadier general and a commercial pilot for a major airline who flies passenger planes around the country.

He has even been certified by the Transportation Security Administration to carry a weapon into the cockpit as part of the government’s defense program should a terrorist try to commandeer a plane.

But there’s one problem: James Robinson, the pilot, has difficulty even getting to his plane because his name is on the government’s terrorist “watch list.”

It’s easy to sneak by them:

The third-grader has been on the watch list since he was 5 years old. Asked whether he is a terrorist, he said, “I don’t know.”

Though he doesn’t even know what a terrorist is, he is embarrassed that trips to the airport cause a ruckus, said his mother, Denise Robinson.

[…]

Denise Robinson says she tells the skycaps her son is on the list, tips heavily and is given boarding passes. And booking her son as “J. Pierce Robinson” also has let the family bypass the watch list hassle.

And here’s how to sneak lockpicks past them.

EDITED TO ADD (8/21): Ha ha ha ha:

Even though its inspector’s actions caused nine American Eagle planes
to be grounded in Chicago this week, the Transporatation Security
Administration says it may pursue action against the airline for
security lapses.

And a step in the right direction:

A federal appeals court ruled this week that individuals who are blocked from commercial flights by the federal no-fly list can challenge their detention in federal court.

Posted on August 21, 2008 at 9:12 AM • View Comments

DMCA Does Not Apply to U.S. Government

According to a recent court ruling, we are all subject to the provisions of the DMCA, but the government is not:

The Court of Federal Claims that first heard the case threw it out, and the new Appellate ruling upholds that decision. The reasoning behind the decisions focuses on the US government’s sovereign immunity, which the court describes thusly: “The United States, as [a] sovereign, ‘is immune from suit save as it consents to be sued . . . and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit.'”

In the case of copyright law, the US has given up much of its immunity, but the government retains a few noteworthy exceptions. The one most relevant to this case says that when a government employee is in a position to induce the use of the copyrighted material, “[the provision] does not provide a Government employee a right of action ‘where he was in a position to order, influence, or induce use of the copyrighted work by the Government.'” Given that Davenport used his position as part of the relevant Air Force office to get his peers to use his software, the case fails this test.

But the court also addressed the DMCA claims made by Blueport, and its decision here is quite striking. “The DMCA itself contains no express waiver of sovereign immunity,” the judge wrote, “Indeed, the substantive prohibitions of the DMCA refer to individual persons, not the Government.” Thus, because sovereign immunity is not explicitly eliminated, and the phrasing of the statute does not mention organizations, the DMCA cannot be applied to the US government, even in cases where the more general immunity to copyright claims does not apply.

It appears that Congress took a “do as we say, not as we need to do” approach to strengthening digital copyrights.

Posted on August 8, 2008 at 11:32 AM • View Comments

Why You Should Never Talk to the Police

This is an engaging and fascinating video presentation by Professor James Duane of the Regent University School of Law, explaining why—in a criminal matter—you should never, ever, ever talk to the police or any other government agent. It doesn’t matter if you’re guilty or innocent, if you have an alibi or not—it isn’t possible for anything you say to help you, and it’s very possible that innocuous things you say will hurt you.

Definitely worth half an hour of your time.

And this is a video of Virginia Beach Police Department Officer George Bruch, who basically says that Duane is right.

Posted on July 31, 2008 at 12:52 PM • View Comments

Information Security and Liabilities

In my fourth column for the Guardian last Thursday, I talk about information security and liabilities:

Last summer, the House of Lords Science and Technology Committee issued a report on “Personal Internet Security.” I was invited to give testimony for that report, and one of my recommendations was that software vendors be held liable when they are at fault. Their final report included that recommendation. The government rejected the recommendations in that report last autumn, and last week the committee issued a report on their follow-up inquiry, which still recommends software liabilities.

Good for them.

I’m not implying that liabilities are easy, or that all the liability for security vulnerabilities should fall on the vendor. But the courts are good at partial liability. Any automobile liability suit has many potential responsible parties: the car, the driver, the road, the weather, possibly another driver and another car, and so on. Similarly, a computer failure has several parties who may be partially responsible: the software vendor, the computer vendor, the network vendor, the user, possibly another hacker, and so on. But we’re never going to get there until we start. Software liability is the market force that will incentivise companies to improve their software quality—and everyone’s security.

Posted on July 23, 2008 at 3:09 PM • View Comments

Midazolam as a Non-Lethal Weapon

Did you know that, in some jurisdictions, police can inject midazolam (better known as Versed) into suspects to subdue them?

“There is no research guideline. There is no validated protocol for this. There’s not even a clear set of indications for when this is to be used except when people are agitated. By saying that it’s done by the emergency medical personnel, they basically are trying to have it both ways. That is, they’re trying to use a medical protocol that is not validated, not for a police function, arrest and detention,” Miles said.

“The decision to administer Versed is based purely on a paramedic decision, not a police decision,” Slovis said.

It’s up to the officer to call an ambulance and determine if a person is in a condition called excited delirium.

“I don’t know if I would use the word diagnosing, but they are assessing the situation and saying, ‘This person is not acting rationally. This is something I’ve been trained to recognize, this seems like excited delirium.’ I don’t view delirium in the field as a police function. It is a medical emergency. We’re giving the drug Versed that’s routinely used in thousands of health care settings across the country in the field by trained paramedics. I view what we’re doing as the best possible medical practice to a medical emergency,” Slovis said.

The biggest side effect is amnesia, which makes it harder for any defendant to defend himself in court.

Posted on July 18, 2008 at 11:28 AM • View Comments

Using a File Erasure Tool Considered Suspicious

By a California court:

The designer, Carter Bryant, has been accused by Mattel of using Evidence Eliminator on his laptop computer just two days before investigators were due to copy its hard drive.

Carter hasn’t denied that the program was run on his computer, but he said it wasn’t to destroy evidence. He said he had legitimate reasons to use the software.

[…]

But the wiper programs don’t ensure a clean getaway. They leave behind a kind of digital calling card.

“Not only do these programs leave a trace that they were used, they each have a distinctive fingerprint,” Kessler said. “Evidence Eliminator leaves one that’s different from Window Washer, and so on.”

It’s the kind of information that can be brought up in court. And if the digital calling card was left by Evidence Eliminator, it could raise some eyebrows, even if the wiper was used for the most innocent of reasons.

I have often recommended that people use file erasure tools regularly, especially when crossing international borders with their computers. Now we have one more reason to use them regularly: plausible deniability if you’re accused of erasing data to keep it from the police.

Posted on July 15, 2008 at 1:36 PM • View Comments

Daniel Solove on the New FISA Law

From his blog:

Future presidents can learn a lot from all this—do exactly what the Bush Administration did! If the law holds you back, don’t first go to Congress and try to work something out. Secretly violate that law, and then when you get caught, staunchly demand that Congress change the law to your liking and then immunize any company that might have illegally cooperated with you. That’s the lesson. You spit in Congress’s face, and they’ll give you what you want.

The past eight years have witnessed a dramatic expansion of Executive Branch power, with a rather anemic push-back from the Legislative and Judicial Branches. We have extensive surveillance on a mass scale by agencies with hardly any public scrutiny, operating mostly in secret, with very limited judicial oversight, and also with very minimal legislative oversight. Most citizens know little about what is going on, and it will be difficult for them to find out, since everything is kept so secret. Secrecy and accountability rarely go well together. The telecomm lawsuits were at least one way that citizens could demand some information and accountability, but now that avenue appears to be shut down significantly with the retroactive immunity grant. There appear to be fewer ways for the individual citizen or citizen advocacy groups to ensure accountability of the government in the context of national security.

That’s the direction we’re heading in—more surveillance, more systemic government monitoring and data mining, and minimal oversight and accountability—with most of the oversight being very general, not particularly rigorous, and nearly always secret—and with the public being almost completely shut out of the process. But don’t worry, you shouldn’t get too upset about all this. You probably won’t know much about it. They’ll keep the dirty details from you, because what you don’t know can’t hurt you.

Posted on July 14, 2008 at 12:08 PM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.