[net.micro] More laws are not the way to fix fraud

gnu@sun.uucp (John Gilmore) (06/07/84)

Suppose you ran a Unix system that got broken into by people who
discovered that 10% of the random 5-letter passwords they typed
worked.  While they are clearly responsible for their actions, you
didn't take adequate care to protect yourself -- you were stupid about
security.

If somebody posted a message saying "Such and such a system accepts
10% of the random 5-letter passwords you give it", should you charge
them with a crime?  NO -- I claim you should fix your system.

A long time ago I was a regular caller of an underground phone phreak
BBS (8BBS in Santa Clara, CA).  Various similar messages appeared there
about how easy it was to "scan" for MCI or Sprint access codes.
Indeed, calling the local access number and trying 10 or 20 random
combinations (especially ones near other access numbers) worked very
well.  After a year or two the companies wised up and fixed the way
they assigned numbers.

What's the point?  As long as Bell, credit card companies, etc, don't
take adequate precautions against fraud, I don't think it's fair for
them to lobby for increased legal protection.  Computerniks and phone
phreaks all know just how BAD their security is, yet here we are seeing
a lot of people lobbying for tougher laws on system cracking,
supporting arrest of people who use BBS's to exchange info on breaking
security, etc.  We discovered in the '20's that making an easy thing
illegal doesn't stop people from doing it; the fix is to make it hard.

SAPPHO@SRI-NIC.ARPA (06/14/84)

From:  Lynn Gazis <SAPPHO@SRI-NIC.ARPA>

Wrong.  If someone breaks into your security, you should certainly
fix the holes in it, but to refrain from charging the person with
a crime because you were careless is ridiculous.

In the first place, I find this viewpoint morally obnoxious.  Carrying
the principle behind this argument to its logical conclusion seems
to lead to the conclusion that one shouldn't prosecute murderers
as long as their victims were careless enough to put themselves
in a position where they were vulnerable.

In the second place, reporting the crime to the police seems to
me to be useful.  If the person is caught, then at least one
phone phreak is likely to do less phreaking, and if the probability
of getting punished is high enough, it will deter other people.
I don't buy your argument that increased security is the real
solution.  I think one can pursue both of those solutions at
once.  It's not as if they interfere with each other.

In the third place, as people pointed out in the piracy discussion,
methods adopted by companies to increase security are part of
the problem caused by fraud.  I am tired of stores where I am
asked to leave my backpack in front where it is more likely
to be stolen because some twits felt like shoplifting.  I am
dismayed to see software protected so that people can't make
backups because some twits felt like pirating it.  Let people
increase their security as much as they have to out of self
interest.  But I had rather punish criminals than law-abiding
citizens, so I think that laws should be used for all they
are worth.  

Lynn Gazis
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