Legal threat stops flaw info release
Sybase action spurs debate on disclosures
http://www.computerworld.com/printthis/2005/0,4814,100637,00.html

News Story by Jaikumar Vijayan

MARCH 25, 2005 (COMPUTERWORLD) - A threat by Sybase Inc. to sue a U.K.-based
security research firm if it publicly discloses the details of eight holes
it found in Sybase's database software last year is evoking sharp criticism
from some IT managers but sympathetic comments from others.

Blocking the release of vulnerability information "would set a bad
precedent" for the software industry, said Tim Powers, senior network
administrator at Southwire Co., a Carrollton, Ga.-based maker of electrical
wires and cables.

Responsible disclosure of software flaws by vulnerability researchers has
"significantly improved" the security of products, Powers said. "Preventing
disclosure through the threat of legal action can only hurt security," he
said.

But Kim Milford, information security manager at the University of Rochester
in New York, said she thinks most IT support workers would contact their
software vendors directly if security patches weren't effective or couldn't
be applied to systems. In such cases, "hackers tend to benefit the most from
the release of technical details" about security vulnerabilities, she said.

Dublin, Calif.-based Sybase this week sent a letter to Next Generation
Security Software Ltd. warning of legal consequences if it went ahead with
plans to release information about the flaws it discovered in Version 12.5.3
of Sybase's Adaptive Server Enterprise (ASE) software.

Surrey, England-based NGS initially disclosed the existence of the flaws
only to Sybase, which released a fully patched and updated version of the
affected software last month. In line with its stated practice of first
waiting for vendors to issue patches, NGS had said it would publicly release
details of the flaws on Monday. It decided not to after receiving Sybase's
letter.

"We were quite shocked," David Litchfield, one of the founders of NGS, said
via e-mail. "They claim that looking for security bugs comes under the
banner of database performance testing and benchmarking." Litchfield noted
that the license agreement for the development edition of ASE prohibits
publication of performance testing and benchmarking results without Sybase's
permission.

In an e-mailed statement, a Sybase spokeswoman defended the company's action
and said it was motivated by concern for the security of its users. "Sybase
does not object to publication of the existence of [security] issues
discovered in its products," the statement read. "However, the company does
not believe that publication of highly specific details relating to issues
is in the best interest of its customers."

The case highlights the need for more cooperation between software vendors
and vulnerability researchers, said Eric Beasley, senior network manager at
Baker Hill Corp., a Carmel, Ind.-based provider of application services to
the banking industry.

"I think it's a very bad idea to try and squash vulnerability research
because then, obviously, most [vendors] are not going to endeavor to make
safer software," Beasley said. "Security through obscurity just does not
work."

At the same time, though, security researchers need to work with vendors and
ensure that information is disclosed only in a responsible and safe manner,
Beasley said. "The two sides need to be looking at such problems together
and not get into such an adversarial relationship."

Sybase's action is "abhorrent," said Russ Cooper, editor of the NTBugtraq
mailing list and a senior scientist at Cybertrust Inc. in Herndon, Va. "It's
equivalent to suing a whistle-blower and should not be tolerated," he said.
"No extortion occurred. They were told upfront when details would be
published."

Sybase's warning, though rare, isn't entirely unprecedented, said Michael
Sutton, director of vulnerability research at iDefense Inc. in Reston, Va.
In the past, iDefense has been threatened with similar actions by software
vendors, though none has yet gone to the extent of sending a formal legal
notice like Sybase did, Sutton said.

Bruce Schneier, chief technology officer at Counterpane Internet Security
Inc. and a longtime advocate of public vulnerability disclosures, said the
notion that bug hunters only increase security risks by unearthing and
disclosing well-hidden software problems is just plain wrong.

"That is just naive," Schneier said. "Don't shoot the messenger. Just fix
the problems in your software."

But Bob Bagamery, a systems support specialist at a large Canadian utility
that he asked not to be named, said the threat of disclosing detailed
information about vulnerabilities should be used by security researchers
only "when not enough effort is being made to correct the flaw, or when the
software manufacturer is trying to blow off" the issue.

"The whole concept of bug-finding simply to find bugs is fundamentally
flawed," said Pete Lindstrom, an analyst at Spire Security LLC in Malvern,
Pa. "Litchfield and all the other bug hunters are profiting by making the
entire enterprise world miserable. It's about time someone took action to at
least make them justify what they are doing." 



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