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1992-09-26
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>C O M P U T E R U N D E R G R O U N D<
>D I G E S T<
*** Volume 1, Issue #1.02 (April 2, 1990) **
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MODERATORS: Jim Thomas / Gordon Meyer
REPLY TO: TK0JUT2@NIU.bitnet
SUBSCRIBE TO: INTERNET:TK0JUT2@NIU.BITNET@UICVM.uic.edu
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
information among computerists and to the presentation and debate of
diverse views.
--------------------------------------------------------------------
DISCLAIMER: The views represented herein do not necessarily represent the
views of the moderators. Contributors assume all responsibility
for assuring that articles submitted do not violate copyright
protections.
--------------------------------------------------------------------
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*** Computer Underground Digest Issue #1.02 / File 2 of 3 ***
***************************************************************
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Some English Members of Parliament seem as hell-bent on hysteria-mongering
as some here in the U.S. The following was passed on from a Southerner who
thought it of interest %eds%.
--------------------------------------------------------
Civil Liberties
HACKED TO PIECES
Jolyon Jenkins Refuses to Panic over Computer Crime
%From NEW STATESMAN & SOCIETY, Feb. 9, 1990: p. 27%
Why should anyone other than spotty youths and hi-tech fraudsters care
about new legislation to ban computer hacking? For this reason: laws made
in response to moral panic usually fail to catch the real villains and end
up pushing back civil liberties for everyone else. The Computer Misuse
Bill, published two weeks ago by Tory MP Michael Colvin and likely to
become law, is just such a measure.
The debate over hacking is like the panic over video nasties: a new
technology which people view with suspicion, ill-founded anecdotal
research, and overblown language. Emma Nicholson MP, who set this hare
running with a private member's bill last year, is the chief culprit. In a
recent interview with the SUNDAY CORRESPONDENT MAGAZINE she said that
hackers were "malevolent, nasty, evil-doers" who "fill the screens of
amateur %computer% users with pornography". She claimed that European
Greens hack into the comupters of large companies and use the information
they extract to carryout "bombings and fires". When asked to justify the
allegations she produced a back copy of an anarchist magazine called
INSURRECTION, whose contents fell somewhat short of the required proof, and
then cited "unofficial secret-service trackers close to the Dutch
government", who could not be named.
Nicholson has produced a dossier of "hacking incidents" that she insists
are so confidential that she refuses to reveal the sources to anyone, even
the Law Commission, which recently completed an investigation of the
subject. This makes it hard to assess the quality of her information. But
one of the cases is identifiable and does not inspire confidence in the
rest. It concerns someone who allegedly put a "logic bomb" in the computer
system of a British airline. This is almost certainly the case of Jim
McMahon who was prosecuted last year at Isleworth Crown Court. After three
and a half weeks the judge stopped the case because he was satisfied that
McMahon was innocent and that the most likely suspect was the chief
prosecution witness. The police had fingered the wrong man--not because of
any gap in the law but because they carried out their investigation
incompetently. Nonetheless, the case apparently remains in the Nicholson
dossier.
The Colvin bill proposes to punish with six months in prison anyone who
gains, or tries to gain, "unauthorised access" to information stored on a
computer. Emma Nicholson is not wholly to blame, because the English Law
Commission produced similar proposals last year. But they are still
objectionable, for several reasons. First, it is like criminalising
trespass. Someone who gains unauthorised access to PHYSICAL premises has
not normally thereby committed a criminal offence, but only a tort, and it
is up to the aggrieved part to start civil proceedings against the
trespasser.
Second, it means that information held on computer becomes property. In
general, information is not protected by law: if I steal a piece of paper
that has valuable facts written on it, it is only the paper I steal, not
the facts. Information held in confidence can be protected (to an
increasing extent) by law; copyright protects the FORM in which information
is held; but you cannot copyright a fact--and the Colvin bill erodes that
principle.
Third, it won't prevent hacking. Emma Nicholson admitted as much in a
debate at Imperial College last month. But she said that it was important
that society should express its moral disapproval of hacking. Experience
suggests that unenforceable moral disapproval is as likely to lead to an
increase in the frowned-on activity as to a reduction.
Fourth, almost all serious computer misuse can be brought before the courts
under existing laws, such as fraud, criminal damage, or theft of
electricity. And in a few years time, hacking by telephone will become
virtually impossible, because System X phone exchanges will be able to tell
the manager of a computer system the number someone is calling from.
Many successful hacks depend on nothing more sophisticated than correctly
guessing a password--such as when I correctly guessed that an ITN
journalist had chosen as his password "ITN". The remedy may be equally
straightforward: use less easily guessable passwords. Further restricting
freedom of information is not the answer.
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Downloaded From P-80 International Information Systems 304-744-2253 12yrs+