I am definitely not a lawyer so I have no claim to knowing what is or is not a crime. However, if backdooring SSH on a potentially wide scale doesn't trip afoul of laws then we need to seriously have a discussion about the modern world. I'd argue that investigating this as a crime is likely in the best interest of public safety and even (I hesitate to say this) national security considering the potential scale of this. Finally, I would say there is a distinction between writing vulnerable code and creating a backdoor with malicious intent. It appears (from the articles I have been reading so far) that this was malicious, not an accident or lack of skill. We will see over the next few days though as more experts get eyes on this.
Agreed on a moral level, and it's true that describing this as simply "vulnerable code" doesn't capture the clear malicious intent. I'm just struggling to find a specific crime. CFAA requires unauthorized access to occur, but the attacker was authorized to publish changes to xz. Code is speech. It was distributed with a "no warranty" clause in the license.
> knowingly [cause] 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;
Where one of the definitions of “protected computer” is one that is used in interstate commerce, which covers effectively all of them.
The back door is damage. The resulting sshd is like a door with a broken lock. This patch breaks the lock. Transmitting the patch caused intentional damage.
Law isn't code. If someone finds precedent, there will be a way to argue it doesn't cover this specific scenario. They call this conversational process "hypos" in law school, and this fundamental truth is why you never hear of a lawyer being stumped as to how to defend a client.
Ultimately, the CFAA will get it done if it gets that far, armchair lawyering aside.
To pressure test this fully, since this can be caricatured as "we can punish degenerate behavior as needed", which isn't necessarily great: it's also why there's a thin line between a authoritarian puppet judiciary and a fair one.
The malicious author caused the transmission of the release tarball to GitHub and the official project site. This act was intentional and as a direct result other computers were damaged (when their administrators unknowingly installed the backdoored library).
You’ve got to be joking if you’re saying that this wouldn’t be an open and shut case to prosecute. It’s directly on point. Law isn’t code, any jury would have zero trouble convicting on these facts.
CFAA covers distribution of malicious software without the owners consent, the Wire Fraud Act covers malware distribution schemes intended to defraud for property, Computer Misuse act in the UK is broad and far reaching like the CFAA, so this likely fall afoul of that. The GDPR protects personal data, so there's possibly a case that could be made that this violates that as well, though that might be a bit of reach.
In which case the defense will claim, correctly, that this malware was never distributed. It was caught. "Attempted malware distribution" may not actually be a crime (but IANAL so I don't know).
If more than one person was involved, it'd presumably fall under criminal conspiracy. Clearly this was an overt act in furtherance of a crime (unauthorized access under CFAA, at the least).
Nah, the CIA assassinates people in MLAT zones all the time. The laws that apply to you and I don’t apply to the privileged operators of the state’s prerogatives.
We don’t even know that this specific backdoor wasn’t the NSA or CIA. Assuming it was a foreign intelligence service because the fake name was asian-sounding is a bit silly. The people who wrote this code might be sitting in Virginia or Maryland already.
Note that while “Eastern Europe” has firm connotations with countries of which some are known for having corrupt autocracies, booming shady businesses, and organized crime and cybercrime gangs in varying proportions, the time zone mentioned also covers Finland, from which the other author is supposed to be.
>They will as a result probably avoid traveling to unfriendly jurisdictions without a diplomatic passport.
First of all, it's not like their individual identities would ever be known.
Second, they would already know that traveling to a hostile country is a great way to catch bullshit espionage charges, maybe end up tortured, and certainly be used as a political pawn.
Third, this is too sloppy to have originated from there anyways—however clever it was.
Laws don’t fix technical issues any more than they fix physical ones. Clearly this was possible, so it could be done by a foreign intelligence agency or well-hidden criminal organization.
I think this is probably illegal. But, I think we should not punish this sort of thing too harshly. Tech is an ecosystem. Organizations need to evolve to protect themselves. Instead, we should make companies liable for the damage that happens when they are hit by one of these attacks.
Before anyone calls it out: yes, this will be blaming the victim. But, companies aren’t people, and so we don’t really need to worry about the psychological damage that victim blaming would do, in their case. They are systems, that respond to incentives, and we should provide the incentives to make them tough.
