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Charles on… anything that comes along

Friday 16 July 2004

Filed under: — Charles @ 11:05 am

The problem with the “justifiable hacking” defence

Two Oxford University students on one of its papers hacked * in to the system to demonstrate flaws there after a tipoff - and now they’re up before the university beaks who are threatening all sorts of ills on them.

The idea that demonstrating flaws per se means you’ve broken the Computer Misuse Act has always seemed strange. It doesn’t allow for the reasonable defence that you’re showing flaws in a system (which is what Raphael Gray claimed). And it certainly makes all the penetration testing that security companies do instantly illegal. Though of course to allow it would allow all the badly-shaven mafia in east Europe to claim they were just demonstrating that various betting sites weren’t set up to withstand a vast ping flood. And then to charge a “consultancy” fee. Which is sort of what they do already. Extortion? No, of course not!

* yes, OK, hacker should in some places read cracker but it’s a very fine distinction.

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