Comment by mindslight

Comment by mindslight 3 days ago

56 replies

It would be an extremely totalitarian dynamic to be persecuted with the CFAA for modifying a device you own based on part of it having been (nonconsensually!) programmed by a third party to upload data to their own server. You own the device, so anything you do within that device is authorized. And the code that uploads the data is authorized to do so because it was put there by the same company that owns [controls] the servers themselves.

I do know that the CFAA essentially gets interpreted to mean whatever the corpos want it to mean - it's basically an anti-witch law - so it's best to steer clear. And this goes double with with the current overtly pay-to-play regime. But just saying.

(Awesome description btw! I really wish I'd find a buying guide for many makes/models of cars that detail how well they can be unshackled from digital authoritarianism. A Miata is not the type of vehicle I am in the market for (which is unfortunate, for several reasons))

emidln 3 days ago

If you can be prosecuted for guessing urls you can be prosecuted for sending garbage data in a way you know will be uploaded to a remote system.

  • rockskon 2 days ago

    The DoJ lost the case they went after for someone guessing URLs.

    • monerozcash 2 days ago

      They lost it because they charged in the wrong jurisdiction.

      Also come on, you can't reasonable describe that case as being about "guessing urls". It's the associated chat logs that really make the case.

  • vkou 3 days ago

    You think criminalizing guessing URLs is unreasonable.

    What about guessing passwords? Should someone be prosecuted for just trying to bruteforce them until one works?

    • estimator7292 3 days ago

      Guessing passwords is an attempt to access privileged information you have no right to access, and could not otherwise access without bypassing security measures.

      Guessing a URL is an attempt to access (potentially) privileged information which was not secured or authenticated to begin with.

      A password is a lock you have to break. An unlisted URL is a sticky note that says "private" on the front of a 40" screen. It's literally impossible for that information to stay private. Someone will see it eventually.

    • BobbyTables2 3 days ago

      Guessing URLs is equivalent to ordering an item not on the menu in a restaurant. The request may or may not be granted.

      • monerozcash 3 days ago

        This same logic is easily extended to SQL injection, or just about any other software vulnerability.

        How do you propose the line should be drawn?

      • vkou 3 days ago

        Closer to trying the handle on random car doors.

    • wakawaka28 3 days ago

      Passwords are different from URLs because URLs are basically public, whereas passwords aren't supposed to be. Furthermore, this is not 1995. Everyone who is in the industry providing IT services is supposed to know that basic security measures are necessary. The physical analogy would be, walking through an unlocked and unmarked door that faces the street in a busy city, versus picking a lock on that door and then walking through it.

      • vkou 3 days ago

        > Everyone who is in the industry providing IT services is supposed to know that basic security measures are necessary.

        And everyone who doesn't have wool for brains knows to not carry large rolls of cash around in a bad part of town, but we can still hold the mugger at fault.

    • Dylan16807 2 days ago

      It depends on stuff.

      Sometimes a URL can have a password in it.

      But when it's just a sequential-ish ID number, you have to accept that people will change the ID number. If you want security, do something else. No prosecuting.

    • nkrisc 3 days ago

      How do I know which URLs of a website are legal to visit and which are illegal?

      • vkou 3 days ago

        I can't say I've ever struggled to make this determination, but I don't make a habit of trying random ports, endpoints, car doors, or brute-force guessing URLs.

    • irilesscent 3 days ago

      I think criminalising both is unreasonable, what you do with the URL you accessed or the password you guessed however is different.

  • mindslight 3 days ago

    As a strictly logical assertion, I do not agree. Guessing URLs is crafting new types of interactions with a server. The built in surveillance uploader is still only accessing the server in the way it has already been explicitly authorized. Trying to tie some nebulous TOS to a situation that the manufacturer has deliberately created reeks of the same type of website-TOS shenanigans courts have (actually!) struck down.

    As a pragmatic matter, I do completely understand where you're coming from (my second paragraph). In a sense, if one can get to the point of being convicted they have been kind of fortunate - it means they didn't kill themselves under the crushing pressure of a team of federal persecutors whose day job is making your life miserable.

    • monerozcash 3 days ago

      >(A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;

      If your goal is to deliberately "poison" their data as suggested before, it's kind of obvious that you are knowingly causing the transmission of information in an effort to intentionally cause damage to a protected computer without authorization to cause such damage.

      >Trying to tie some nebulous TOS to a situation that the manufacturer has deliberately created reeks of the same type of website-TOS shenanigans courts have (actually!) struck down.

      This has very little to do with the TOS though, unless the TOS specifically states that you are in fact allowed to deliberately damage their systems.

      And no, causing damage to a computer does not refer to hackers turning computers into bombs. But rather specifically situations like this.

      • mindslight 3 days ago

        A computer being supplied with false data which it then stores is not damaging the computer - hence there being a provision about fraud. But for this case it's not fraud either, as the person supplying the data is not obtaining anything of value from the false data.

      • Xss3 3 days ago

        Any reasonable programmer (a peer) would say an unencrypted system that doesnt validate data is an unprotected system.

        • monerozcash 3 days ago

          It's a legal term, has nothing to do with technical protections.

          Practically any device connected to the internet is a "protected computer". The only case I can think of where the defendant prevailed on their argument that the computer in question was not a "protected computer" was US v Kane. In that case the court held that an offline Las Vegas video poker machine was not sufficiently connected to interstate commerce to qualify as a "protected computer".

cameldrv 2 days ago

It might be interesting for an enterprising lawyer to try to flip this around. Suppose you send a letter to your car manufacturer saying that, as the owner of the car, you are prohibiting them from accessing the location of the car or performing unauthorized software updates and that any attempt to circumvent this will result in criminal prosecution for unauthorized access to your computer.

monerozcash 3 days ago

Prosecuting someone for deliberately injecting garbage data into another persons system hardly seems totalitarian.

> You own the device, so anything you do within that device is authorized

You're very clearly describing a situation where at least some of the things you're doing aren't happening on your own device.

>I do know that the CFAA essentially gets interpreted to mean whatever the corpos want it to mean - it's basically an anti-witch law

FWIW this is simply not true. The essence of the CFAA is "do not deliberately do anything bad to computers that belong to other people".

The supreme court even recently tightened the definition of "unauthorized access" to ensure that you can't play silly games with terms of service and the CFAA. https://www.supremecourt.gov/opinions/20pdf/19-783_k53l.pdf

  • elzbardico 3 days ago

    My device. I generate whatever the fuck the data I want. If you log it, kiss my ass.

    • monerozcash 3 days ago

      Sure, I have the same attitude when it comes to the government telling me that I'm not allowed to use drugs. Doesn't mean I'm in the clear from a legal point of view.

      However, it's worth clarifying that the important detail isn't generating the data, but sending it. Particularly the clearly stated malicious intent of "poisoning" their data.

      This seems like exactly what the lawmakers writing CFAA sought to criminalize, and is frankly much better justified than perhaps the bulk of things they tend to come up with.

      >(A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;

      Doesn't seem exactly unfair to me, even if facing federal charges over silly vandalism is perhaps a bit much. Of course, you'd realistically be facing a fine.

      • Xss3 3 days ago

        Could you argue the computer was unprotected? No encryption is wild.

        • monerozcash 3 days ago

          No, "protected computer" refers to computers protected by the CFAA.

          >(A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or

          >(B) which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.

    • ponector 3 days ago

      If you paid for a device it doesn't mean you have no rules set up on how you can operate it. I'm sure the is an EULA you agreed to.

      As anecdote, while buying a new car I signed a statement that I'm not going to resell it to russia.

  • JuniperMesos 2 days ago

    No it does in fact seem totalitarian. I support repealing the CFAA.

    • monerozcash 2 days ago

      I would absolutely love to hear the arguments behind this.

AngryData 3 days ago

If you were to purposefully try to poison/damage their dataset and admitted as such you probably wouldn't win without spending an unreasonable amount of money on lawyer fees. Without admitting anything though and claiming ignorance it would probably be pretty easy to get dismissed, provided you are able to spend atleast some money on a lawyer.

[removed] 3 days ago
[deleted]