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Re: Rate Stratfor's Incident Response
From: Benjamin Kreuter <ben.kreuter () gmail com>
Date: Thu, 12 Jan 2012 16:46:15 -0500

On Thu, 12 Jan 2012 16:06:53 -0500
Valdis.Kletnieks () vt edu wrote:

On Thu, 12 Jan 2012 15:16:19 EST, Benjamin Kreuter said:

Really, calling it "breaking in" is a stretch.  You connected a
computer to a publicly accessible computer network, where anyone can
send anything to your computer.  If hacking such a system is
"breaking in," you might as well claim that shouting across your
neighbor's yard is "breaking in."

Bad analogy.  Closer would be if you have a house that's got a
driveway on a public street, and you claim it's not breaking and
entering if you walk up the driveway, try the doorknob, find it
unlocked, and let yourself in without the permission of the
residents.  Saying that "anybody could walk up and let themselves in
the door" doesn't make it legal.

Would you say that we should arrest the person who walks into the
house, takes a picture of themselves standing next to an expensive
television and leaves the picture next to a note that says "your door
was unlocked?"

Really though, it is still a terrible analogy.  You can disconnect a
computer from the Internet; you cannot disconnect a building from a
street.  A hacker in a foreign country might be attacking your computer
system from that country, and could be outside the jurisdiction of any
relevant law enforcement agency; a person who breaks into a building is
committing a crime in whatever jurisdiction the building is in.

Analogies are nice and they help non-technical folks understand what
is going on, but let's not get carried away with them. Someone who
attacks a computer system over the Internet (or any other network) is
sending unwanted/malicious messages.  This is not the same as physically
breaking into a building, locker, or computer. It may be illegal, but
it is still very different from other crimes.  If anything, the closest
type of criminal would be a con man, which seems fitting given how many
of today's attacks have an element of social engineering.

-- Ben


-- 
Benjamin R Kreuter
UVA Computer Science
brk7bx () virginia edu

--

"If large numbers of people are interested in freedom of speech, there
will be freedom of speech, even if the law forbids it; if public
opinion is sluggish, inconvenient minorities will be persecuted, even
if laws exist to protect them." - George Orwell

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