I agree that the EFF has lost its way. I wrote a blogpost about it here: 
http://erratasec.blogspot.com/2012/08/who-will-fight-for-me.html. Since the 
idea came from this list I thought I would join the conversation here. I think 
this example shows the EFF is not what they are promoted to be. It is not for 
Internet freedoms for all, it is for protecting certain freedoms of certain 
people. I felt a political shift in the EFF after Wikileaks/Manning to an 
anti-government viewpoint, which is different than pro-individual viewpoint. In 
a nutshell, I feel the EFF would sacrifice some of our freedoms in order to 
deny warfighting assets to the government.
I've heard lots of arguments that the EFF post targets the government and not 
the researchers. I don't believe this. If you apply regulations to one part of 
an industry, at some point regulations will seep to every part like the stench 
of rotten eggs. At first it seems good: "awesome, the government is making us 
safer by turning over 0day to manufacturers". Then it will start downhill with 
simple things like any researcher selling 0day to the government must take a 
drug test and diversity training. It will end up with researchers having to go 
through the same process that a firearms manufacturer does to make a weapon. 
The ATF would become the ATFE. There would be mandatory fines for anyone caught 
with weapons grade exploits. There will be mandatory government certs for 
pentesting, or you will need a license to run Nessus.
Can you imagine a federal agent asking if you have the right paperwork for the 
100 line ruby script? How about a court case where some sysadmin has to prove 
that he was using VNC for remote access and not as a backdoor. Don't like your 
neighbor? Call the tip line and tell them you've seen 2600 mags, hot pockets, 
and lots of strange people entering the dwelling carrying computers. ATFE raid 
time!
These are all fictitious examples, but they demonstrate where regulation ends. 
The EFF knows this and so do their apologists. Asking/inviting/demanding the 
government get involved in the control of anything will end badly for all those 
involved. Look at the FCC, ATF, and FAA for examples of what slowly happens to 
an industry over time when government regulation is imposed. Possession of 
certain equipment is made illegal by some FCC rules without proper licensing. 
The ATF throws a $200 tax and a six-month wait time to by a “silencer” for a 
gun, which should be considered a safety device (they don’t work like they do 
in movies). The FAA makes recreational flying a nightmare.
The worst part is that the politicians who are the butt of jokes about 
"internet tubes" are the same people you would entrust to make law on this very 
technical topic. It’s unbelievable.
David Maynor

On Aug 8, 2012, at 3:41 PM, Dave Aitel 
<[email protected]<mailto:[email protected]>> wrote:

<image.jpeg>

So I have to admit I was a little disappointed in the Neal Stephenson "keynote" 
at BlackHat this year. First of all, it wasn't a keynote. It was one of those 
"Question and Answer" session things that conferences do because they don't 
require presentation on the part of the speaker, which means they're more 
likely to get someone to do it.

And I'm a fanatical fan of Neal Stephenson - to the point where I think his 
best books is his Quicksilver "Con-fusion" trilogy which most people agree are 
the hardest to get into (i.e. after the first 500 pages they're a real page 
turner!). So I thought the questions were banal - a lost opportunity to see 
what one of our generation's great futurists has to say about our industry. 
He's explored these themes before, of course, which is why he was there in the 
first place...

In fact, a lot of his books are about our industry and some even have the same 
characters, which is part of the fun. For example, there's "Eric" (or as you 
may remember him from Cryptonomicon: "Enoch 
Root<http://baroquecycle.wikia.com/wiki/Enoch_Root>"), who is an Immortal (and 
oddly enough an Alchemist). You'll see him doing things like raising the dead, 
and it's hinted that he's not particularly human, but merely visiting from 
"Elsewhere" on some sort of fact finding mission. Then there's the Shaftoe 
family, which are generally the footsoldiers of all his books, and the 
Waterhouses, which are the scientists and hackers, and so forth.

In any case, at some point in his writing career, Neal got fascinated with the 
idea that there was, in fact, a titanic battle going on over the course of 
human history between the forces of who would use technology for solving useful 
human problems and the forces of war. Ironically enough Neal represents this in 
Cryptonomicon as a sort of Athena project, if you will. And a lot of plot 
points turn on decisions about this in his books - for example, a gay German 
mathematician choosing not to give the Germans strong cryptography during WWII.

<image.png>

So this then is the question that was asked of DIRNSA at DefCon. A secure 
internet means that the nation would go deaf in many ways that are important. 
But an insecure one means we suffer under the economic and political pain of 
everyone always being hacked (those of you complaining about APT - this means 
you).

Lately the EFF has been posting things that seem to want to restrict exploit 
sales ( 
https://www.eff.org/deeplinks/2012/03/zero-day-exploit-sales-should-be-key-point-cybersecurity-debate
 ) as if this somehow increases security for the Internet as a whole. Aside 
from regulation being an ineffective tool here, I don't think the EFF should 
have the particular worldview that giving up freedom for security here is an 
acceptable trade-off. And when Charlie Miller and I talked to an EFF 
representative at DefCon, she agreed with us.

However, the current EFF stated opinion is this:
"If the U.S. government is serious about securing the Internet, any bill, 
directive, or policy related to cybersecurity should work toward ensuring that 
vulnerabilities are fixed, and explicitly disallow any clandestine operations 
within the government that do not further this goal"

Calling for the government to regulate what kind of code you write sounds 
counter-productive to the EFF mission, and is definitely counter to the 
opinions of people on this list and in this community. Until the EFF changes 
their position, I recommend not donating to them or buying the strangely 
decorated shirts at DefCon.

Thanks,
Dave Aitel
Immunity, Inc.


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