[IP] Hacking tools tipped to become weapons of  the state
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Date: Thu, 11 Mar 2004 11:25:59 -0500
From: Joel Reidenberg <reidenberg@xxxxxxxxxxx>
Subject: **SPAM** ZDNet UK - News - Hacking tools tipped to become weapons of
 the state
To: dave@xxxxxxxxxx
This story was printed from ZDNet UK, located at 
<http://news.zdnet.co.uk/>http://news.zdnet.co.uk/
[]
Story URL: 
<http://news.zdnet.co.uk/internet/security/0,39020375,39148211,00.htm>http://news.zdnet.co.uk/internet/security/0,39020375,39148211,00.htm 
[]
Hacking tools tipped to become weapons of the state
<mailto:mailroomuk@xxxxxxxxx>Graeme Wearden
ZDNet UK
March 10, 2004, 13:35 GMT
Governments could soon be using hacker tools for law enforcement and the 
pursuit of justice, according to an expert on IT and Internet law. Joel 
Reidenberg, professor of law at New York-based Fordham University, believes 
it likely that 
<http://news.zdnet.co.uk/internet/security/0,39020375,39118640,00.htm>denial 
of service attacks (DoS) and packet-blocking technology will be employed by 
nation states to enforce their laws. This could even include attacks on 
companies based in other countries, he says.
Reidenberg told a seminar at the Oxford Internet Institute (OII) on Tuesday 
that democratic governments have an obligation to enforce their laws in the 
online space, as well as offline. Previously, this was thought to be 
extremely difficult due to the global nature of the Web.
"In the 1990s, it was thought states had no way of enforcing their laws 
online. That conventional wisdom doesn't stand up any more," said Reidenberg.
According to security experts, intelligence agencies have been conducting 
hacking attacks online for years. Reidenberg, though, sees a future where 
such actions would be just another legal instrument wielded by the state.
In 2000, a French court 
<http://news.zdnet.co.uk/internet/0,39020369,2082447,00.htm>ordered Yahoo 
to block Nazi paraphernalia from being auctioned through its site in France 
-- where it is outlawed because it violates France's hate speech laws. But 
a US court later ruled that the decision 
<http://news.zdnet.co.uk/internet/0,39020369,2083341,00.htm>could not be 
enforced in America, where Yahoo's servers were sited.
At the time, the French government was 
<http://news.zdnet.co.uk/hardware/emergingtech/0,39020357,2079239,00.htm>ridiculed 
in some quarters for believing that they could impose their laws on 
companies based in other jurisdictions.
But according to Reidenberg, the power of technologies such as distributed 
DoS attacks and worms means this is theoretically possible. "Distributed 
denial of service attacks and worms are characterised by having police 
powers," Reidenberg told the OII. "We think of them today as only being 
used by bad people, but these same instruments could just as easily be used 
by states to enforce legal judgements."
Some members of the audience at the OII expressed deep concern at this 
idea, suggesting that governments couldn't be trusted to wield such powers 
responsibly.
Reidenberg pointed out that the Chinese government has already imposed 
restrictions on Internet traffic -- the 
<http://news.zdnet.co.uk/internet/0,39020369,2133588,00.htm>"Great Firewall 
of China" -- to prevent access to certain Web sites. He suggested that if a 
case similar to that between the French courts and Yahoo arises again, the 
company concerned could see itself virtually banned from that country. 
"States could soon have technology, if they haven't already, to intercept 
packets of data that they have decided shouldn't enter their country, in 
the same way we have officials patrolling national borders today," 
Reidenberg explained.
Another option could be an 'electronic blockage', where a company would be 
prevented from communicating across the Web outside of its home country. 
This would require the development of packet interception techniques, and 
would also need the help of intermediaries such as Internet service providers.
In the most extreme example, a company's Web site could even be taken 
offline by a distributed DoS attack, which Reidenberg likened to the "death 
penalty", if they failed to comply with a legal order.
One economist with links to the government who attended the seminar said 
she didn't believe regulators are considering such tools at present. But 
Reidenberg says that as sites such as Amazon, Yahoo, eBay and CNN have all 
been seriously disrupted by 
<http://news.zdnet.co.uk/business/0,39020645,2084263,00.htm>DoS attacks 
launched by malicious hackers, and that the same tools could be effectively 
wielded by the forces of law and order.
Before any of this can take place, though, countries will have to lay out 
clear rules for online enforcement.
Reidenberg told the OII that there must be prerequisite legal authority, 
stating the conditions when police can resort to online tools. This could 
include an assessment of the magnitude of the threat. For example, in the 
Yahoo France case, if the presence of Nazi memorabilia for sale online was 
likely to lead to public rioting, the French authorities could be justified 
in deciding to attempt to shut Yahoo down immediately.
According to Dr Stephen Coleman, visiting professor in e-democracy at the 
OII, Reidenberg's views are just one part of a bigger picture surrounding 
law enforcement and government action on the Internet. "There is some 
speculation about whether some of the necessary technology exists already," 
Coleman said, warning that he was extremely dubious whether we could ever 
have the effective global intelligence needed, as well as a truly 
accountable appeal process. "In terms of the use of disruptive technology, 
the UK government's secure intranet is hacked into once every three seconds 
-- primarily by its allies."
A senior official from Cable&Wireless also warned that there is a much 
greater degree of uncertainly about the location and identity of online 
agents, compared to offline. He believes this would make it much harder for 
courts to issue a warrant permitting action to be taken against a Web site 
rather than an offline entity such as an office.
Another hurdle to be overcome is the problem of third-party damage. An 
attack on an Internet bank or email provider could inconvenience Web users 
across many countries -- governments could find it impossible to justify 
causing such disruption.
Dr Reidenberg is currently working on a book about states and Internet 
enforcement. He recently published a research paper on the issue, which can 
be seen online 
<http://papers.ssrn.com/sol3/delivery.cfm/SSRN_ID487965_code339387.pdf?abstractid=487965>here. 
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