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Reporter may be prosecuted for using “view source”

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Re: Reporter may be prosecuted for using “view source”

#92
So it seems Parsons administration decided this is the hill to die on in 2021.

he had every opportunity to pump the brakes on this investigation but decided doubling down on a journalist had a better payoff, and a more prominent ability to cast him as a white knight protecting the state of Missouri against fiendish hackers.

the 'view source' prosecution strategy is certainly something id hope to keep out of the spotlight as long as possible as its chum in the water for technologists and privacy groups. the EFF could easily eviscerate it in court, as could the FSF and god help you if a cyber security firm takes interest. although most computer privacy laws in the US are written with a fire hose to catch anything remotely pertaining to an integrated circuit, these laws all generally restrict themselves to the domain of interstate commerce, healthcare, and energy.

Parsons fight is against an established journalist using an established and well respected process to report an information security exploit...so its really tough to see if or how a competent prosecution hopes to land any charges outside the governors "Lol do it anyway" edict which, fwiw, feels eerily similar to the malarkey Aaron Schwartz was put through.

Re: Reporter may be prosecuted for using “view source”

#93
post #84

We desperately need a law that says (or at least need people in power to understand that) if your server sends it (as an agent working on behalf of your interests), you decided it was ok for me to receive it! For HTTP this understanding is literally conveyed in the status code (200-OK). Once data is sent to the client, you can't say they are breaking the law by looking at it[0]. Anyone with a text-based browser would…

I believe what we've got today in most countries is pretty ok, maybe ambiguous but it does the job as far as an ethically concerned person would go. In my country they classify it as "unauthorized access". That's perfectly fine with me. In other words, if your server sends it, and you intended to send it, then I can have a look at it. If your server sends it, but you never intended (sysadmin, programmer error, bureau…

> You could say a transparent window is literally made for the purpose to be able to see through, but I'm certain I'd be breaking the law if I started taking pictures of people undressing in their homes.

Disclaimer: IANAL. Also, don't take creepy photos of your neighbors through their windows regardless of the legality of doing so.

In many parts of the US at least, the law is less clear-cut than you might think. In many jurisdictions you would have to argue that the photos were of a sexual nature (probably not hard for pictures of people undressing, but it's not an automatic win depending on context). In some states and/or localities there are explicit laws preserving privacy when in ones residence, but in many others, a photograph taken through an unshaded window is legal as long as it doesn't violate other laws.

[edit]

I guess all of the above strengthens your point that such simplistic laws as "a 200 response means you are authorized to do what you want with it" are not in any way analogous to the way laws for other systems work.

Re: Reporter may be prosecuted for using “view source”

#94

We desperately need a law that says (or at least need people in power to understand that) if your server sends it (as an agent working on behalf of your interests), you decided it was ok for me to receive it! For HTTP this understanding is literally conveyed in the status code (200-OK). Once data is sent to the client, you can't say they are breaking the law by looking at it[0]. Anyone with a text-based browser would…

Still need to make illigal tricking the server into thinking it's OK. This area of law seems rather difficult to codify perfectly, but it's clear that "view source" shouldn't be a problem, since no trickery is involved. Generally, this should be called Honest but Curious behavior.

> This area of law seems rather difficult to codify perfectly

Sure, but law doesn’t function by codifying things perfectly. There is no perfect codification of the physical ways one can move one’s fist, but clearly some such ways constitute an illegal act while others don’t.

Re: Reporter may be prosecuted for using “view source”

#95

We desperately need a law that says (or at least need people in power to understand that) if your server sends it (as an agent working on behalf of your interests), you decided it was ok for me to receive it! For HTTP this understanding is literally conveyed in the status code (200-OK). Once data is sent to the client, you can't say they are breaking the law by looking at it[0]. Anyone with a text-based browser would…

We desperately need a law

Why not just have a law against subverting the intent of existing laws, or against making bad-faith arguments? Laws are only as good as people's willingness to accept impartial assessment thereof. Absent that, they will just be exploited selectively for strategic leverage.

Aristotle observed that laws tend to multiply under tyrannical regimes, as rulers impose ever more onerous conditions upon their subjects; I think it's also true that an excess of laws creates opportunity for tyranny in the sense of creating a much larger attack surface for a malicious or cynical actor to exploit. To my mind, the growth of the US and state codes* is a bug rather than a feature, and pruning such complexity highly desirable.

* https://arxiv.org/pdf/1003.4146.pdf

Re: Reporter may be prosecuted for using “view source”

#96

We desperately need a law that says (or at least need people in power to understand that) if your server sends it (as an agent working on behalf of your interests), you decided it was ok for me to receive it! For HTTP this understanding is literally conveyed in the status code (200-OK). Once data is sent to the client, you can't say they are breaking the law by looking at it[0]. Anyone with a text-based browser would…

> We desperately need a law that says (or at least need people in power to understand that) if your server sends it (as an agent working on behalf of your interests), you decided it was ok for me to receive it! No, this is a bad idea for a law. It's appealing to nerds (like myself), but it's not how the law does (or should) work. It's very easy to imagine scenarios where you could get a server to send you an HTTP 200…

Yes, this should be pretty obvious. If you kidnap someone and force them to log in to a computer system they have access to so that you can steal information or resources using that computer system, obviously that would be illegal (on top of the kidnapping) even though the computer system is working entirely as intended.

Re: Reporter may be prosecuted for using “view source”

#97
post #56

Earlier quoted context omitted.

This is Missouri. It might be hard to find a competent DA in the entire state.

I know you're probably saying this half-jesting... But the harsh reality is that if a judge cannot understand the minutiae of "browser requested one thing and the PLANTIFF's server sent personal info, unencrypted", then the precedent that is set is an awful one. I get that the amount of technical stuff that needs to be understood here is beyond what your average NON-hacker-news type might understand... but when it co…

> wouldn't an expert be consulted??

All the prosecutes need is an expert that says "Base64 is an encryption. Sending data encrypted means they don't want you to read it.. they tried to break encryption and succeeded when they werent supposed to"

And then just fear-monger the risk of broken encryption and government and how you have to try to break it and its dangerous or something.

Lots of people claim to be experts, and know enough to pass. Plenty of people want to curry gov favor, or get their 10 seconds of attention.

Re: Reporter may be prosecuted for using “view source”

#98
post #27

What the reporter saw was the base64 encoded contents of the typical .Net "VIEWSTATE" session stuff, that looks like this: Meaning he likely just pasted the contents into a web based base64 decoder. I am totally mystified how a competent DA wouldn't have dropped this immediately.

The concern is not about what a competent DA would do.

Re: Reporter may be prosecuted for using “view source”

#99

If this isn't immediately thrown out, there are much worse things to start worrying about.

I would love to also somehow see Parson penalized for egregious waste of government resources and monies on this charade that will go nowhere immediately at trial. Also the fact that the prosecutors didn’t laugh in his face immediately is rather disappointing. I can I guess understand the Highway Patrol being forced into investigating, but there’s no excuse for the prosecutor not immediately slapping this down.

If there's a prosecution, everyone involved should be put on trial for deprivation of civil rights under color of law. This is absolutely a violation of press and speech freedoms, and retaliatory to boot.

Re: Reporter may be prosecuted for using “view source”

#100

Earlier quoted context omitted.

I agree that both of those shouldn't be punished. I'm not sure how one would properly define the law tho - for ex. an SQL injection could also be "just a query parameter" and the server would haply reply with a 200.

That would make a lot of companies responsible for the data they keep and should be responsible for protecting. SQL injection can be (and probably is) malicious though, so I suppose it becomes a unclear line for that example. Maybe punishment of both parties would be appropriate but I'm not a lawyer so don't have expertise in law punishments. But I could see this as incentivizing data security. Even if a 0 day is dis…

Honestly, I'd want to see strict liability for data breaches, with revealing of personal information included as a type of injury, and not merely something that must be shown to have led to other forms of injury. Right now, the most I can do is reduce the amount of personal information that is collected about me, and I have no ability to ensure that it is stored in a secure manner. Companies that record personal information about me (e.g. Google, Equifax, Facebook, etc) have the ability to improve their security, or to reduce the scope of collected data, but have no incentive to do so. By placing the liability on the same entity as makes the decisions, it creates that incentive.
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