To report a botnet PRIVATELY please email: [EMAIL PROTECTED]
----------
Intent!  this is always the opinion I am given.  Depends on your intentions.  
of course i am not a member of the scrouge of the earth called lawyers so this 
is just what I have been told.  YMMV.

foot
 
 
>>>sam stover <[EMAIL PROTECTED]> 06/28/07 7:44 am >>> 
To report a botnet PRIVATELY please email: [EMAIL PROTECTED] 
---------- 
At the HotBots conference back in april, we had several lawyers present 
and this question was brought up. 
 
Unfortunately, it was the legal opinion that just jumping into a C&C IRC 
channel could be construed as illegal, much less controlling them.  It's 
not *your* channel, and they aren't *your* bots.  This issue seems to be 
completely divorced from what kind of activity the bots are doing. 
 
Needless to say, this was *not* well received, especially by the 
overwhelming academic contingent (who are accustomed to getting away 
with just about anything in the name of academic research ;-) 
 
I actually countered the point by stating that IRC is a public 
communication medium, but it didn't really matter much.  After thinking 
about this further, I have come to the personal conclusion that if I was 
seen to have "reverse-engineered" the channel password, then I can see 
how a case would be made against me.  If there was no channel password, 
then I think (IANAL) I can jump in the channel, but not do anything. 
 
Of course, I find this all completely ridiculous, but that was the 
opinion I heard.  The lawyer wasn't all that thrilled about maintaining 
that point in front of that group of people either, but he did. 
 
As a counterpoint to this ridiculousity, I've had a couple conversations 
with SS folks who maintain that data collection is not illegal.  This 
was in reference to participating in carding forums (specifically), but 
I wonder/think the analogy may hold for C&C channels. 
 
IMHO, there's no clear legislation that defines what you can't do in an 
IRC channel.  If put to the test, you will probably be held to an 
outdated and imprecise premise that boils down to this: 
 
If it isn't yours, then you shouldn't be there.  If you actually DO 
anything while there, that's even worse than being there. 
 
/me shrugs 
 
Don't shoot the messenger, I'm just relaying what I heard.  If anyone 
has strong legal support for an opposing view, then, believe me, I'm all 
for it. 
 
 
-- 
S.f.Stover 
http://pgp.mit.edu:11371/pks/lookup?op=get&search=0x15FFC42A 
 
To report a botnet PRIVATELY please email: [EMAIL PROTECTED] 
All list and server information are public and available to law enforcement 
upon request. 
http://www.whitestar.linuxbox.org/mailman/listinfo/botnets 

_______________________________________________
To report a botnet PRIVATELY please email: [EMAIL PROTECTED]
All list and server information are public and available to law enforcement 
upon request.
http://www.whitestar.linuxbox.org/mailman/listinfo/botnets

Reply via email to