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<title>Techdirt. Stories filed under &quot;ddos&quot;</title>
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<item>
<pubDate>Wed, 27 Mar 2013 20:02:00 PDT</pubDate>
<title>Internet Under Attack: World's Largest DDoS Attack Almost Broke The Internet</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130327/15000422489/internet-under-attack-worlds-largest-ddos-attack-almost-broke-internet.shtml</link>
<guid>http://www.techdirt.com/articles/20130327/15000422489/internet-under-attack-worlds-largest-ddos-attack-almost-broke-internet.shtml</guid>
<description><![CDATA[ <i><b>Update</b>: Gizmodo is <a href="http://gizmodo.com/5992652/that-internet-war-apocalypse-is-a-lie?utm_campaign=socialflow_gizmodo_facebook&utm_source=gizmodo_facebook&utm_medium=socialflow" target="_blank">calling bullshit</a> on these claims.  They're likely correct that this attack was not a "threat" to the overall internet, but I also believe that Gizmodo is underplaying the potential problems from open resolvers.</i>
<br /><br />
We've known for a while that there are a number of people out there who <i>really</i> dislike <a href="http://www.techdirt.com/blog/?company=spamhaus">Spamhaus</a>, one of the more well known providers of a blacklist of spam IP addresses.  For what it's worth, there are times when it feels like Spamhaus may go overboard in declaring an IP or range of IP addresses as spammers.  And, to some extent, because of that, it seems like some who use the Spamhaus list rely on it a bit too strongly.  That said, Spamhaus is doing important work in helping to stop the internet from being overrun with spam, and that's a good thing.  But sometimes those who it pisses off aren't particularly nice people.  Last week, Spamhaus <a href="http://mobile.nytimes.com/2013/03/27/technology/internet/online-dispute-becomes-internet-snarling-attack.xml" target="_blank">added hosting company Cyberbunker to its spamlist</a>.  Someone didn't like that very much, and thus began a <a href="http://blog.cloudflare.com/the-ddos-that-knocked-spamhaus-offline-and-ho" target="_blank">very big DDoS attack</a> using open DNS recursors.  Spamhaus went to Cloudflare, who was able to mitigate the worst of the attack.
<br /><br />
But... that just lead to round two, in which whoever was behind the DDoS went <a href="http://blog.cloudflare.com/the-ddos-that-almost-broke-the-internet" target="_blank">much, much bigger</a> attacking a bunch of the providers who provide Cloudflare with its bandwidth.  Basically, it was massive firepower directed at some key points on the internet.  And it was a pretty big deal.  Cloudflare's blog post stays away from getting too expressive about the whole thing, but just the fact that they note the attack came close to "breaking" the internet should get you to wake up.
<blockquote><i>
Tier 1 networks don't buy bandwidth from anyone, so the majority of the weight of the attack ended up being carried by them. While we don't have direct visibility into the traffic loads they saw, we have been told by one major Tier 1 provider that they saw more than 300Gbps of attack traffic related to this attack. That would make this attack one of the largest ever reported.
<br /><br />
The challenge with attacks at this scale is they risk overwhelming the systems that link together the Internet itself. The largest routers that you can buy have, at most, 100Gbps ports. It is possible to bond more than one of these ports together to create capacity that is greater than 100Gbps however, at some point, there are limits to how much these routers can handle. If that limit is exceeded then the network becomes congested and slows down.
<br /><br />
Over the last few days, as these attacks have increased, we've seen congestion across several major Tier 1s, primarily in Europe where most of the attacks were concentrated, that would have affected hundreds of millions of people even as they surfed sites unrelated to Spamhaus or CloudFlare. If the Internet felt a bit more sluggish for you over the last few days in Europe, this may be part of the reason why.
</i></blockquote>
The attackers say they're protesting Spamhaus acting as the internet's police:
<blockquote><i>
 Questioned about the attacks, Sven Olaf Kamphuis, an Internet activist who said he was a spokesman for the attackers, said in an online message that, "We are aware that this is one of the largest DDoS attacks the world had publicly seen." Mr. Kamphuis said Cyberbunker was retaliating against Spamhaus for "abusing their influence."
<br /><br />
"Nobody ever deputized Spamhaus to determine what goes and does not go on the Internet," Mr. Kamphuis said. "They worked themselves into that position by pretending to fight spam."
</i></blockquote>
Of course, all of this has exposed clearly a big vulnerability in the setup of the internet, and suggest that slowing down the internet on a large scale is entirely possible.  But it's also made security folks that much more aware of how urgent it is to fix the a key vulnerability that made this possible: the fact that there are so many <a href="http://blog.cloudflare.com/deep-inside-a-dns-amplification-ddos-attack" target="_blank">open DNS resolvers out there</a>, that can be used to launch massive DDoS attacks.  Because of that, security folks are rushing around to see if they can convince people to close as many of the approximately 21.7 million open resolvers out there:
<blockquote><i>
While lists of open recursors have been passed around on network security lists for the last few years, on Monday the full extent of the problem was, for the first time, made public. The <a href="http://openresolverproject.org" target="_blank">Open Resolver Project</a> made available the full list of the 21.7 million open resolvers online in an effort to shut them down.
<br /><br />
We'd debated doing the same thing ourselves for some time but worried about the collateral damage of what would happen if such a list fell into the hands of the bad guys. The last five days have made clear that the bad guys have the list of open resolvers and they are getting increasingly brazen in the attacks they are willing to launch. We are in full support of the Open Resolver Project and believe it is incumbent on all network providers to work with their customers to close any open resolvers running on their networks.
</i></blockquote>
Basically, over the last week or so, there's been a war going on, concerning parts of the core of the internet, and while it might not have impacted you yet (or, maybe it did), it's likely that the next round will be even bigger.  In the meantime, the race is on to shut down open resolvers to try to keep the internet working, and hopefully to cut down on the power of such attacks.<br /><br /><a href="http://www.techdirt.com/articles/20130327/15000422489/internet-under-attack-worlds-largest-ddos-attack-almost-broke-internet.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130327/15000422489/internet-under-attack-worlds-largest-ddos-attack-almost-broke-internet.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130327/15000422489/internet-under-attack-worlds-largest-ddos-attack-almost-broke-internet.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-hidden-war</slash:department>
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<pubDate>Fri, 15 Mar 2013 12:01:39 PDT</pubDate>
<title>Security Reporter Raided By SWAT Team After Someone Put In A Bogus 911 Call</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130315/11504322340/security-reporter-raided-swat-team-after-someone-put-bogus-911-call.shtml</link>
<guid>http://www.techdirt.com/articles/20130315/11504322340/security-reporter-raided-swat-team-after-someone-put-bogus-911-call.shtml</guid>
<description><![CDATA[ Brian Krebs is a phenomenal online security reporter who's been deeply involved in many stories concerning underground hacking issues, from spam to credit carding and many other such issues.  As someone who explores that world, he's been subject to various attacks, including regular DDoS attacks on his website (he now works with a company that helps protect against such attacks).  However, things got taken to another level yesterday.  First, that anti-DDoS company, Prolexic, received a forged letter, pretending to come from the FBI, asking it to stop hosting the site.  Then, something much bigger happened.  As Krebs was getting ready for a small dinner party at his house, he walked out his front door and <a href="http://arstechnica.com/security/2013/03/security-reporter-tells-ars-about-hacked-911-call-that-sent-swat-team-to-his-house/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A arstechnica%2Findex %28Ars Technica - All content%29" target="_blank">discovered a bunch of police officers with guns pointed at him</a>.  He'd been "swatted," -- the term for tricking a SWAT team into raiding a house based on bogus info.
<blockquote><i>
"As soon as I open the front door, I hear this guy yelling at me, behind a squad car, pointing a pistol at me saying: 'Don't move. Put your hands up,'" Krebs, who is a long-time friend and colleague, told me. "The first thing I said was: 'You've got to be kidding me.'"
<br /><br />
In all, there were at least a dozen officers with pistols, shotguns, and assault rifles pointed at him. They had police dogs circling his house and cruisers had sealed off a nearby street. Krebs, who was dressed in just gym shorts and a T-shirt, complied. Wisely.
<br /><br />
"Two different guys were barking orders at me," he continued. "I finally said: 'Which way should I go?'" One officer told Krebs to lie on the ground, but before he could comply the other cop ordered Krebs to walk backwards. Eventually, "they put the cuffs on me and took me up the street. I was freezing the whole time."
</i></blockquote>
Someone had made a call to the police, pretending to be Krebs, and claiming that "he was hiding in a closet after Russian thieves had broken into his home and shot his wife."  And the police sent the SWAT team.
<br /><br />
Why?  Krebs suspects it was a response to a <a href="https://krebsonsecurity.com/2013/03/credit-reports-sold-for-cheap-in-the-underweb/" target="_blank">an article he had just posted</a>, which highlighted a Russian website that was used to get easy and cheap access to credit reports (one interesting tidbit, is that he suggests that people are abusing the federally mandated free AnnualCreditReport.com site, which was supposed to reduce identify fraud, but may actually be enabling much more of it).  Krebs figures that the people behind that site weren't too happy about the exposure, and tried to send him a message.
<br /><br />
Of course, if law enforcement officials weren't so eager to rush in with a SWAT team, such issues might have been avoided as well.  In fact, Krebs notes that he warned his local police agency of the possibility of such a thing happening about six months ago, but apparently no one bothered to check on that bit of info until later.
<blockquote><i>
After about five minutes in custody, Krebs explained that he was the victim of a monstrous crime known as swatting. One of the officers asked if Krebs was the person who had filed a report a few months earlier. When Krebs replied yes, the officers did a quick search of his home. With preparations for a dinner party clearly on display, it quickly became apparent that Krebs' home was not a crime scene and that the call was part of a fiendish plot. An officer told him later that they had tried calling him before he opened his front door but no one had answered the phone.
</i></blockquote>
As Krebs notes, these are situations where it makes little sense for local law enforcement to rush into these things where they may not understand what's going on.
<blockquote><i>
Often local police are left to investigate, even when the perpetrators may be half a world away. He wants that to change. "Your local police department, the ones that are responding to these distress calls, they don't have the bandwidth," he said. "This is an area where federal law enforcement needs to be coordinating investigations. I'd like to see some sort of recognition or statement from federal law enforcement that this is something they're actively investigating."
</i></blockquote>
Of course, I'm not sure how well that would have worked in this case, since the caller suggested it was a local crime issue.  Still, hopefully Krebs' situation raises some questions about the eagerness to send in the SWAT team, though given just how <a href="http://www.cato.org/publications/white-paper/overkill-rise-paramilitary-police-raids-america" target="_blank">common bogus SWAT team raids have become</a>, it seems doubtful that yet another example of a bogus raid will lead to any real change.<br /><br /><a href="http://www.techdirt.com/articles/20130315/11504322340/security-reporter-raided-swat-team-after-someone-put-bogus-911-call.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130315/11504322340/security-reporter-raided-swat-team-after-someone-put-bogus-911-call.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130315/11504322340/security-reporter-raided-swat-team-after-someone-put-bogus-911-call.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>hazards-of-the-job</slash:department>
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<pubDate>Tue, 29 Jan 2013 16:03:10 PST</pubDate>
<title>Anonymous Hacks US Sentencing Commission Website, Grabs Sensitive Files And Demands Legal Reform</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20120923/21335520476/anonymous-hacks-us-sentencing-commission-website-grabs-sensitive-files-demands-legal-reform.shtml</link>
<guid>http://www.techdirt.com/articles/20120923/21335520476/anonymous-hacks-us-sentencing-commission-website-grabs-sensitive-files-demands-legal-reform.shtml</guid>
<description><![CDATA[ The discussion begun by Aaron Swartz&#39;s suicide continues, prompting activity all around the internet. Overzealous prosecution of an outdated law, coupled with this tragedy, has led to <a href="http://www.techdirt.com/articles/20130121/14473121743/global-hackathons-prepared-to-carry-forward-work-aaron-swartz.shtml" target="_blank">hackathons</a>, <a href="http://www.techdirt.com/articles/20130115/19410721694/rep-zoe-lofgren-plans-to-introduce-aarons-law-to-stop-bogus-prosecutions-under-cfaa.shtml" target="_blank">proposed legislation</a> and <a href="http://www.techdirt.com/articles/20130121/15283121745/retired-federal-judge-criticizes-carmen-ortizs-handling-aaron-swartz-case.shtml" target="_blank">criticism of the methods</a> employed by Carmen Ortiz. This past weekend, <a href="http://www.zdnet.com/anonymous-re-hacks-us-sentencing-site-into-video-game-asteroids-7000010384/" target="_blank">Anonymous added its two-cents worth in its own particular idiom</a>.
<br /><br />
The action began Friday night when Anonymous took down the U.S. Sentencing Commission website, demanding reform of the justice system and threatening to expose a large number of files "secured" from the website. <a href="http://www.reddit.com/r/politics/comments/17b2v5/anonymous_strikes_back_website_for_us_sentencing/" target="_blank">A very long statement of purpose accompanied this hack</a>, beginning with these paragraphs.
<blockquote>
<i>Citizens of the world,</i>
<br /><br />
<i>Anonymous has observed for some time now the trajectory of justice in the United States with growing concern. We have marked the departure of this system from the noble ideals in which it was born and enshrined. We have seen the erosion of due process, the dilution of constitutional rights, the usurpation of the rightful authority of courts by the "discretion" of prosecutors. We have seen how the law is wielded less and less to uphold justice, and more and more to exercise control, authority and power in the interests of oppression or personal gain.</i>
<br /><br />
<i>We have been watching, and waiting.</i>
<br /><br />
<i>Two weeks ago today, a line was crossed. Two weeks ago today, Aaron Swartz was killed. Killed because he faced an impossible choice. Killed because he was forced into playing a game he could not win -- a twisted and distorted perversion of justice -- a game where the only winning move was not to play.</i>
</blockquote>
Anonymous calls this takedown a "symbolic gesture," aimed at the home of federal sentencing guidelines, which it calls out for advancing "cruel and unusual" punishment, a clear violation of the 8th amendment. The collective also claims it has compromised several other government sites and obtained sensitive files, which it will start releasing to the press in "heavily redacted" form, unless its demands are met.
<blockquote>
<i>However, in order for there to be a peaceful resolution to this crisis, certain things need to happen. There must be reform of outdated and poorly-envisioned legislation, written to be so broadly applied as to make a felony crime out of violation of terms of service, creating in effect vast swathes of crimes, and allowing for selective punishment. There must be reform of mandatory minimum sentencing. There must be a return to proportionality of punishment with respect to actual harm caused, and consideration of motive and mens rea. The inalienable right to a presumption of innocence and the recourse to trial and possibility of exoneration must be returned to its sacred status, and not gambled away by pre-trial bargaining in the face of overwhelming sentences, unaffordable justice and disfavourable odds. Laws must be upheld unselectively, and not used as a weapon of government to make examples of those it deems threatening to its power.</i>
</blockquote>
Threats or no threats, the government took the USSC site offline and restored it to working order by Saturday... at which point it was hacked a <i>second</i> time by Anonymous. This time the hackers weren&#39;t screwing around. Instead of a simple vandalization, <a href="http://www.zdnet.com/anonymous-re-hacks-us-sentencing-site-into-video-game-asteroids-7000010384/" target="_blank">the entire site was turned into an interactive game of Asteroids</a>.
<blockquote>
<i>The U.S. Sentencing Commission website has been hacked again and a code distributed by Anonymous "Operation Last Resort" turns ussc.gov into a playable video game.</i>
<br /><br />
<i>Visitors enter the code, and then the website that sets guidelines for sentencing in United States Federal courts becomes "Asteroids."</i>
<br /><br />
<i>Shooting away at the ussc.gov webpage reveals an image of Anonymous. The trademark Anonymous "Guy Fawkes" face is comprised of white text saying, "We do not forgive. We do not forget."</i></blockquote>
<br />
The code that turned the site "interactive" is very familiar to gamers.
<br />
<center><blockquote class="twitter-tweet"><p><a href="http://t.co/Q4bcAbLD" title="http://www.ussc.gov">ussc.gov</a> --&gt; enter Konami code (with cursor keys) &#8593;&#8593;&#8595;&#8595;&#8592;&#8594;&#8592;&#8594; B A &lt;Enter&gt; ---&gt; CAEK(repeat for NyanCat powers...) <a href="https://twitter.com/search/%23opLastResort">#opLastResort</a></p>&mdash; OpLastResort (@OpLastResort) <a href="https://twitter.com/OpLastResort/status/295657943230210048">January 27, 2013</a></blockquote>
<script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script></center>
The hack/game proved extremely popular, so Anonymous set up a mirror at <i>another</i> compromised site, <a href="http://www.miep.uscourts.gov">miep.uscourts.gov</a>&nbsp;(US Probation Dept.). At the time of writing this, <i>both</i> sites are down, suggesting the government has taken both sites offline until they can be "safely" restored.
<br /><br />
Will these takedowns have any noticeable effect on those Anonymous is trying to reach? Most likely, no. Hacking a government website just makes it easier for those prosecuting hackers to make their case. Stewart Baker at The Volokh Conspiracy <a href="http://www.volokh.com/2013/01/26/anonymous-attacks-again/" target="_blank">suggests that these actions do more harm than good to the collective&#39;s stated aim</a>.
<blockquote>
<i>The exploit is probably counterproductive too. Apart from turning those who want reform of computer crime law into the allies of lawbreakers, Anonymous has substantively hurt the case for amending the CFAA. Heavy criminal penalties are entirely appropriate for people who hack a Supreme Court Justice&rsquo;s account and disclose personal secrets. But it&rsquo;s not easy to redraft the CFAA so it reflects the difference between Swartz and the Anonymous hackers, at least not without relying on precisely the prosecutorial discretion that the Swartz prosecutors misused.</i>
<br /><br />
<i>Finally, I wonder if this incident won&rsquo;t affect the Supreme Court&rsquo;s approach to cybercrime issues. As Frank Rizzo once said, a conservative is a liberal who&rsquo;s been mugged. If that&rsquo;s true, every time Anonymous mugs one of the Justices in cyberspace, it could be making the Court just a little less enthusiastic about limiting the tools the government uses to deter computer crime</i>
</blockquote>
In his take, Scott Greenfield at Simple Justice <a href="http://blog.simplejustice.us/2013/01/27/anonymous-hacks-the-ussc-website-did-you-notice.aspx" target="_blank">takes issue with Baker&#39;s statement regarding the enthusiasm level of the courts</a>.
<blockquote>
<i>Not that any of the justices have shown much enthusiasm up to now, but the alternative to bad isn&#39;t necessarily good. Things can always get worse.</i>
</blockquote>
While Baker argues that Anonymous makes things that much tougher for justice reform, Greenfield argues that hacking the USSC is especially pointless, considering how irrelevant the Sentencing Commission is at this point in time.
<blockquote>
<i>The first indication that Anonymous made a left turn when it should have made a right was when it picked the United States Sentencing Commission website to show its might. Nobody noticed, because, well, nobody cares about the USSC anymore.</i>
<br /><br />
<i>Had this happened a generation ago, it might have meant something. Yesterday, it likely evoked a chuckle and a face palm. Post Booker and some actual crack reforms, it was a big nothing.</i>
</blockquote>
Yes, Anonymous is correct in its observation that the so-called "justice system" in the US is a corrupt and bloated entity, prone to abusing its power and control. But the USSC isn&#39;t the problem, not because it&#39;s the "good guys," but because the damage it can do is <i>easily</i> outweighed by the public&#39;s keen interest in sabotaging its own freedoms.
<blockquote>
<i>So you guys can hack an outlier agency that has drifted into relative irrelevance. Got it. Have a nice day. The USSC is symbolic of nothing other than government bloat. The guidelines don&#39;t enable prosecutors to cheat citizens of their constitutionally guaranteed rights. Citizens do that to each other. We do it each time we elect a legislator who calls for tougher laws. We do it each time we demand the creation of a new crime because of the tragic death of a child. We do it whenever we elevate safety over freedom. And that&#39;s what Americans do...</i>
<br /><br />
<i>By taking out the USSC website, you disturbed nothing while annoying the government. When the head of the FBI cybersecurity squad gets done laughing, he&#39;s going to find someone else to prosecute. It may not be one of you, but it will be someone, or more likely, a whole gang of people with computers. And they have guns. Pissing them off over nothing isn&#39;t effective. It&#39;s just begging for retaliation, and the government has no sense of humor (or irony).</i>
</blockquote>
As much as we sometimes want an entity like Anonymous to strike back at wrongdoers, the likelihood of this action (<i>especially</i>&nbsp;this one) resulting in any positive change remains near zero. Doubly frustrating is the fact that going through the "proper channels" to effect change has the same low odds. The hope here is that this action keeps the focus on the questionable methods and bad laws that resulted in the prosecution Aaron Swartz&#39;s and many others.
<br /><br />
Considering there are many politicians (and many private contractors) that badly want their worst cyberwar fears to be true, this recent bout of hacktivism may give them all the ammo they want to push damaging legislation through while placing a badly needed CFAA update on the back burner.<br /><br /><a href="http://www.techdirt.com/articles/20120923/21335520476/anonymous-hacks-us-sentencing-commission-website-grabs-sensitive-files-demands-legal-reform.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120923/21335520476/anonymous-hacks-us-sentencing-commission-website-grabs-sensitive-files-demands-legal-reform.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120923/21335520476/anonymous-hacks-us-sentencing-commission-website-grabs-sensitive-files-demands-legal-reform.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>also-does-stuff-with-Asteroids-and-the-Konami-code-because-it-can</slash:department>
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<pubDate>Mon, 14 Jan 2013 04:20:28 PST</pubDate>
<title>In Response To Aaron's Death: Don't Take Down, Build Up; Don't Attack, But Share</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130113/20555621651/response-to-aarons-death-dont-take-down-build-up-dont-attack-share.shtml</link>
<guid>http://www.techdirt.com/articles/20130113/20555621651/response-to-aarons-death-dont-take-down-build-up-dont-attack-share.shtml</guid>
<description><![CDATA[ I've already written some basic <a href="http://www.techdirt.com/articles/20130113/00034721650/some-thoughts-aaron-swartz.shtml" target="_blank">thoughts</a> on the death of Aaron Swartz, and I know that more will be forthcoming, but within the justifiable anger out in the world over this turn of events, there are some reports suggesting that DDoS attacks <a href="http://techcrunch.com/2013/01/13/mit-edu-doj-gov-w3-gov-all-currently-down-following-investigation-into-swartz-tragedy/" target="_blank">took down MIT's website</a> and possibly other sites (though, reports of the Justice Department's website being taken down were wrong).  This happened soon after MIT <a href="http://www.theverge.com/2013/1/13/3873352/mit-announces-internal-investigation-into-its-role-in-aaron-swarzs" target="_blank">put out a statement</a> about Swartz, following the statement from Swartz's family that pointed a finger directly at MIT.
<br /><br />
The family had said:
<blockquote><i>
&#8220;Aaron&#8217;s death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach. Decisions made by officials in the Massachusetts U.S. Attorney&#8217;s office and at MIT contributed to his death.&#8221;
</i></blockquote>
In response, MIT's statement, by president L. Rafael Reif, was actually somewhat self-reflective, admitting that the university needed to look closely at its own role in the situation, and appointing professor Hal Abelson -- someone quite knowledgeable and active in many of the same causes as Aaron -- to lead the investigation.
<blockquote><i>
To the members of the MIT community:
<br /><br />
Yesterday we received the shocking and terrible news that on Friday in New York, Aaron Swartz, a gifted young man well known and admired by many in the MIT community, took his own life. With this tragedy, his family and his friends suffered an inexpressible loss, and we offer our most profound condolences. Even for those of us who did not know Aaron, the trail of his brief life shines with his brilliant creativity and idealism.
<br /><br />
Although Aaron had no formal affiliation with MIT, I am writing to you now because he was beloved by many members of our community and because MIT played a role in the legal struggles that began for him in 2011.
<br /><br />
I want to express very clearly that I and all of us at MIT are extremely saddened by the death of this promising young man who touched the lives of so many. It pains me to think that MIT played any role in a series of events that have ended in tragedy.
<br /><br />
I will not attempt to summarize here the complex events of the past two years. Now is a time for everyone involved to reflect on their actions, and that includes all of us at MIT. I have asked Professor Hal Abelson to lead a thorough analysis of MIT's involvement from the time that we first perceived unusual activity on our network in fall 2010 up to the present. I have asked that this analysis describe the options MIT had and the decisions MIT made, in order to understand and to learn from the actions MIT took. I will share the report with the MIT community when I receive it.
<br /><br />
I hope we will all reach out to those members of our community we know who may have been affected by Aaron's death. As always, MIT Medical is available to provide expert counseling, but there is no substitute for personal understanding and support.
With sorrow and deep sympathy,
<br /><br />
L. Rafael Reif
</i></blockquote>
I am sure that many will continue to criticize MIT for its actions in this mess -- and some criticism may be well deserved.  That said, MIT's response here is a step forward -- and hopefully it creates real change in how MIT handles such things in the future.  I think that there are many, many, many reasons to be furious about the Justice Department's actions in the Swartz case (and I felt that long before Swartz's death).  However, a DDoS attack on MIT or the DOJ or anyone else is exactly <i>the wrong message</i> to send concerning Aaron.  Yes, I was just <a href="http://www.techdirt.com/articles/20130111/08053821642/anonymous-launches-white-house-petition-saying-ddos-should-be-recognized-as-valid-form-protest.shtml">defending</a> the use of DDoS as a form of expression and protest, but this is <b>not</b> the kind of protest that serves Aaron's memory well.
<br /><br />
Aaron -- more than almost anyone else -- <b>did</b> stuff.  He <b>built</b> stuff and he <b>created</b> change.  Not by taking things down, but by building them up.  Not by attacking, but by sharing and informing and educating.
<br /><br />
Aaron's memory needs to be preserved, and his death will hopefully be a catalyst for many changes -- to the way the government prosecutes people, to the way computer hacking laws are used today, to the way copyright laws are used and much, much more.  But the way to do that is to do something proactive and <i>positive</i>.  The organization Aaron founded is called <a href="http://demandprogress.org/" target="_blank">Demand Progress</a>, and that's what we should be doing now.
<br /><br />
We should be looking for ways to <i>continue Aaron's work</i>, to build, to share, to create and to create change through sheer will of knowing what's right.
<br /><br />
So, don't participate in attacks or takedowns. Look for ways to build something up.  Create efforts to change problematic laws like the CFAA or copyright law.  Look for ways to share knowledge and expand our ability to learn and to educate each other.  Create ways for people to speak out and to enable everyone to do more. 
<br /><br />
That is the legacy that I believe Aaron would have wanted.  It will always be impossible to fill the void that Aaron's death has left in its wake -- but if it inspires each of us to do a little more, to create some positive change, to truly <i>demand progress</i> in the face of ridiculous odds, then <i>that</i> will be the testament to all that Aaron did for the world.<br /><br /><a href="http://www.techdirt.com/articles/20130113/20555621651/response-to-aarons-death-dont-take-down-build-up-dont-attack-share.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130113/20555621651/response-to-aarons-death-dont-take-down-build-up-dont-attack-share.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130113/20555621651/response-to-aarons-death-dont-take-down-build-up-dont-attack-share.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-what-he-would-have-wanted</slash:department>
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<item>
<pubDate>Fri, 11 Jan 2013 19:39:00 PST</pubDate>
<title>Anonymous Launches White House Petition Saying DDoS Should Be Recognized As A Valid Form Of Protest</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130111/08053821642/anonymous-launches-white-house-petition-saying-ddos-should-be-recognized-as-valid-form-protest.shtml</link>
<guid>http://www.techdirt.com/articles/20130111/08053821642/anonymous-launches-white-house-petition-saying-ddos-should-be-recognized-as-valid-form-protest.shtml</guid>
<description><![CDATA[ A few years back, we had an interesting discussion over whether or not distributed denial of service attacks (DDoS) could be seen as a valid form of protest -- the modern <a href="http://www.techdirt.com/articles/20101209/12193312214/is-operation-payback-crime-just-modern-equivalent-sit.shtml">equivalent</a> of a "sit-in."  There are significant similarities between a DDoS and a sit-in.  And, we've seen at least one lawyer make the claim that his client was exercising his <a href="http://www.techdirt.com/articles/20110930/02323316145/lawyer-accused-ddos-is-legal-form-protest.shtml">First Amendment rights</a> when DDoSing a local city government.  Law enforcement, of course, wants to take it to the other extreme, seeing DDoS attacks as being a form of hacking, or even a type of terrorist attack.
<br /><br />
<a href="http://news.slashdot.org/story/13/01/10/234213/anonymous-files-petition-to-make-ddos-legal-form-of-protest?utm_source=slashdot&#038;utm_medium=twitter" target="_blank">Slashdot</a> points out that some members of Anonymous have set up a We the People petition on the White House's website, asking the government to <a href="https://petitions.whitehouse.gov/petition/make-distributed-denial-service-ddos-legal-form-protesting/X3drjwZY" target="_blank">recognize DDoS as a valid form of protest</a>.
<blockquote><i>
With the advance in internet techonology, comes new grounds for protesting. Distributed denial-of-service (DDoS), is not any form of hacking in any way. It is the equivalent of repeatedly hitting the refresh button on a webpage. It is, in that way, no different than any "occupy" protest. Instead of a group of people standing outside a building to occupy the area, they are having their computer occupy a website to slow (or deny) service of that particular website for a short time.
</i></blockquote>
(Random aside before I get into the larger discussion: you would think that people posting a petition to the White House would spend at least a little more time proofreading what they write, or getting more input before posting it.  While the intent is clear, the typos and grammatical structure of the petition is atrocious.)
<br /><br />
It seems unlikely that this petition will get the necessary 25,000 votes.  Or that the White House will <a href="http://www.techdirt.com/articles/20121228/10470921512/white-house-responses-to-we-people-petitions-slowing-to-hand-picked-crawl-canned-responses.shtml">even care</a> if it does.  The problem, as always, is that much of this depends on where you sit as well as your knowledge of technology.  You can make a reasonable argument for why a DDoS is just the modern equivalent of a sit-in.  But you can also make a reasonable argument for why a DDoS is <i>like</i> hacking a site.
<br /><br />
But here's the larger point:  When you have to petition the government to get them to tell you what form of protest is "okay," you've probably already lost the battle.  And that's part of the larger problem here.  It seems clear to me that many of the DDoS attacks done by Anonymous are, quite clearly, done for the purpose of expression.  They are trying to make a statement, and it sometimes works (though, it frequently backfires).  I'm sympathetic to the claim that it's the modern equivalent of a sit-in, and find it troubling that the government is arguing it's something much, much worse.  At the same time, I often think Anonymous' rush to DDoS undermines its larger efforts at times, and simply reinforces in the minds of some that Anonymous is made up of bratty, destructive kids.  But, having to ask the government to say your form of expression is legitimate expression suggests that the government has already won.<br /><br /><a href="http://www.techdirt.com/articles/20130111/08053821642/anonymous-launches-white-house-petition-saying-ddos-should-be-recognized-as-valid-form-protest.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130111/08053821642/anonymous-launches-white-house-petition-saying-ddos-should-be-recognized-as-valid-form-protest.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130111/08053821642/anonymous-launches-white-house-petition-saying-ddos-should-be-recognized-as-valid-form-protest.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>if-you-have-to-ask-what-a-valid-form-of-protest-is...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130111/08053821642</wfw:commentRss>
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<item>
<pubDate>Tue, 6 Nov 2012 15:51:04 PST</pubDate>
<title>Skype Accused Of Handing Out Private Info To Private Company</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121106/02133820945/skype-accused-handing-out-private-info-to-private-company.shtml</link>
<guid>http://www.techdirt.com/articles/20121106/02133820945/skype-accused-handing-out-private-info-to-private-company.shtml</guid>
<description><![CDATA[ Over the last year or so, there's been concern about Skype's commitment to <a href="http://www.techdirt.com/articles/20120726/19283519848/clearing-air-skype-most-what-you-read-was-not-accurate-there-are-still-reasons-to-worry.shtml">privacy</a> following its acquisition by Microsoft.  Now a situation in the Netherlands is serving to renew those fears.  As highlighted by <a href="http://yro.slashdot.org/story/12/11/06/0333221/skype-hands-teenagers-information-to-private-firm?utm_source=slashdot&utm_medium=twitter" target="_blank">Slashdot</a>, it appears that Skype <a href="http://www.nu.nl/internet/2950158/skype-hands-16-year-olds-personal-information-to-it-company.html" target="_blank">handed over information on a 16-year-old user to a private information technology firm</a> that was investigating some denial of service attacks against PayPal.
<br /><br />
The security firm, iSIGHT, was hired by PayPal to investigate the attacks, and an employee of the company reached out to Skype seeking information about one user who he thought might be involved.  And Skype coughed up the info -- including username, real name, email address and home address -- no questions asked.  As the article notes, there was no court order or anything like that.  Just a guy from a private company asking and Skype said, "sure, here's all the info."
<br /><br />
There are questions about whether this move violated some European privacy directives.  At the very least it seems clear that it violated Skype's own policies, which include not providing customer data unless required by law, or if official law enforcement is involved.  In this case, neither thing is true.  One hopes that this is just a one-off mistake by Skype, but it's worrying nonetheless.<br /><br /><a href="http://www.techdirt.com/articles/20121106/02133820945/skype-accused-handing-out-private-info-to-private-company.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121106/02133820945/skype-accused-handing-out-private-info-to-private-company.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121106/02133820945/skype-accused-handing-out-private-info-to-private-company.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>massive-fail</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121106/02133820945</wfw:commentRss>
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<item>
<pubDate>Tue, 11 Sep 2012 16:38:00 PDT</pubDate>
<title>Is It Better Or Worse That GoDaddy's Massive Downtime Wasn't The Result Of A DDoS Attack?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120911/13101720345/is-it-better-worse-that-godaddys-massive-downtime-wasnt-result-ddos-attack.shtml</link>
<guid>http://www.techdirt.com/articles/20120911/13101720345/is-it-better-worse-that-godaddys-massive-downtime-wasnt-result-ddos-attack.shtml</guid>
<description><![CDATA[ As you may have heard, yesterday web host/domain registrar GoDaddy had some <a href="http://news.cnet.com/8301-1009_3-57509753-83/go-daddy-serviced-web-sites-go-down-hacker-takes-credit/" target="_blank">serious downtime</a>, taking tons of sites down.  Much of the news coverage focused on a single hacker who tried to take credit for bringing them down.  However, now that GoDaddy is back, it <a href="http://news.cnet.com/8301-1009_3-57510432-83/go-daddy-sorry-about-the-outage-and-no-it-wasnt-a-hack/" target="_blank">insists the problem was entirely internal</a> and not the result of a hack.  The company was <a href="http://www.godaddy.com/newscenter/release-view.aspx?news_item_id=410" target="_blank">quite explicit on that point</a>:
<blockquote><i>
The service outage was not caused by external influences. It was not a "hack" and it was not a denial of service attack (DDoS). We have determined the service outage was due to a series of internal network events that corrupted router data tables. Once the issues were identified, we took corrective actions to restore services for our customers and GoDaddy.com. We have implemented measures to prevent this from occurring again.
<br /><br />
At no time was any customer data at risk or were any of our systems compromised. 
</i></blockquote>
While my first reaction to all of this was to wonder who would still use GoDaddy, my second question is to wonder whether GoDaddy looks better or worse if it was its own fault that the service went down so broadly.  Mistakes happen, but a company like GoDaddy survives on its ability not to make mistakes at that level.  I guess, in the end, it's just yet another reminder of why people might want to look for alternatives.<br /><br /><a href="http://www.techdirt.com/articles/20120911/13101720345/is-it-better-worse-that-godaddys-massive-downtime-wasnt-result-ddos-attack.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120911/13101720345/is-it-better-worse-that-godaddys-massive-downtime-wasnt-result-ddos-attack.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120911/13101720345/is-it-better-worse-that-godaddys-massive-downtime-wasnt-result-ddos-attack.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>i'd-say-worse...</slash:department>
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<item>
<pubDate>Fri, 20 Jan 2012 06:58:40 PST</pubDate>
<title>Did DOJ Provoke Anonymous On Purpose?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120119/22231517486/did-doj-provoke-anonymous-purpose.shtml</link>
<guid>http://www.techdirt.com/articles/20120119/22231517486/did-doj-provoke-anonymous-purpose.shtml</guid>
<description><![CDATA[ I've been on record for a while now that I think the strategy of doing DDoS attacks on websites that people don't like <a href="http://www.techdirt.com/articles/20100919/11430011073/denial-of-service-attacks-on-riaa-mpaa-are-a-really-dumb-idea.shtml">is a bad idea</a>, that will lead to backlash.  Though, I will admit that I <a href="http://www.techdirt.com/articles/20110211/11013413056/play-play-how-hbgary-federal-tried-to-expose-anonymous-got-hacked-instead.shtml">underestimated</a> their effectiveness in some cases.  Indeed, even as the Anonymous <a href="http://www.techdirt.com/articles/20120119/14494917475/internet-strikes-back-anonymous-takes-down-dojgov-riaa-mpaa-sites-to-protest-megaupload-seizure.shtml">DDoS attacks</a> on various targets in response to the Megaupload takedown is getting a ton of attention, I'm still convinced it's a bad idea long-term.  I should be clear that I <i>understand</i> the response.  Also, the response is not <i>a surprise</i>.  If we've learned anything over the last few months, it's that large segments of the internet are exceptionally frustrated with attempts to censor speech online -- and when you get that many people frustrated, and then poke them in the eye with a big stick, it's not a surprise that they might react.
<br /><br />
Over at News.com, Molly Wood is suggesting that <a href="http://news.cnet.com/8301-31322_3-57362437-256/anonymous-goes-nuclear-everybody-loses/" target="_blank">DOJ did this all on purpose</a> -- including the timing of the release -- in order to provoke just such a response.  This serves multiple purposes for the government.  It gives them the chance to make the (obviously bogus and laughable) argument that the wider protests were done by this same group.  But, it also gives DOJ and law enforcement the chance to go even further, and use this as an excuse to crack down online and <a href="http://www.techdirt.com/articles/20111220/16201117146/ice-admits-that-it-just-wants-to-put-people-jail-with-operation-our-sites.shtml">put people in jail</a>.  It also gives a (again, bogus) reason to pass far-reaching cybersecurity legislation.  The end result could be a lot worse.
<br /><br />
Supporters of these actions may claim that it's the only way to be heard.  But I'm not convinced that's true.  What happened Wednesday showed that there are ways to be heard without resorting to tactics that can be described as vandalism.  I don't think it's fair to call it vandalism -- as I've said that I believe that such actions are a lot more like a <a href="http://www.techdirt.com/articles/20101209/12193312214/is-operation-payback-crime-just-modern-equivalent-sit.shtml">digital sit-in</a>.  But I'm just not sure it's productive.  I'm sure it <i>feels good</i> to vent... but the end result may not be productive at all.<br /><br /><a href="http://www.techdirt.com/articles/20120119/22231517486/did-doj-provoke-anonymous-purpose.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120119/22231517486/did-doj-provoke-anonymous-purpose.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120119/22231517486/did-doj-provoke-anonymous-purpose.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>conspiracy-theory-time</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120119/22231517486</wfw:commentRss>
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<item>
<pubDate>Fri, 20 Jan 2012 01:25:40 PST</pubDate>
<title>MPAA Uses Anon Attacks To Make Nonsensical Comments About Free Speech</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120119/17203417480/mpaa-uses-anon-attacks-to-make-nonsensical-comments-about-free-speech.shtml</link>
<guid>http://www.techdirt.com/articles/20120119/17203417480/mpaa-uses-anon-attacks-to-make-nonsensical-comments-about-free-speech.shtml</guid>
<description><![CDATA[ I'm really beginning to wonder about the MPAA's PR people and their near total inability to think through how their statements will be perceived.  It's put out a response to the <a href="http://www.techdirt.com/articles/20120119/14494917475/internet-strikes-back-anonymous-takes-down-dojgov-riaa-mpaa-sites-to-protest-megaupload-seizure.shtml">DDoS attacks</a> from Anonymous by trying to "take back" the moral high ground on the free speech issue.  Yes, they're claiming that the DDoS is a <a href="http://www.hollywoodreporter.com/thr-esq/mpaa-anonymous-hacker-attacks-megaupload-283426?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">free speech violation</a> and then wrap themselves in the First Amendment:
<blockquote><i>
Unfortunately, some groups believe that speech or ideas that they disagree with should be silenced. This could not be more wrong. No matter the point of view, everyone has a right to be heard.
<br /><br />
The motion picture and television industry has always been a strong supporter of free speech. We strongly condemn any attempts to silence any groups or individuals.      
<br /><br />
The Internet is home to creativity, innovation and free speech. We want to keep it that way. Protecting copyrights and protecting free speech go hand in hand."
</i></blockquote>
Ok.  So then you condemn SOPA and PIPA, right?  Since those are attempts to silence people.  But here's the thing: "free speech" issues are about <i>government</i> censorship.  Such as passing a bad law that allows the government to take down websites.  Having some people <i>protest</i> you may be annoying, but it's not a free speech issue (other than, perhaps, in arguing the <i>protesters' rights to free speech</i>.  Trying to regain the high ground on this issue is pretty transparently ridiculous by the MPAA -- and simply calls much more attention to who's actually trying to stifle free speech by passing bad laws that allow for censorship.<br /><br /><a href="http://www.techdirt.com/articles/20120119/17203417480/mpaa-uses-anon-attacks-to-make-nonsensical-comments-about-free-speech.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120119/17203417480/mpaa-uses-anon-attacks-to-make-nonsensical-comments-about-free-speech.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120119/17203417480/mpaa-uses-anon-attacks-to-make-nonsensical-comments-about-free-speech.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-protest-isn't-gov't-shut-down</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120119/17203417480</wfw:commentRss>
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<pubDate>Thu, 19 Jan 2012 15:00:36 PST</pubDate>
<title>The Internet Strikes Back: Anonymous Takes Down DOJ.gov, RIAA, MPAA Sites To Protest Megaupload Seizure</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120119/14494917475/internet-strikes-back-anonymous-takes-down-dojgov-riaa-mpaa-sites-to-protest-megaupload-seizure.shtml</link>
<guid>http://www.techdirt.com/articles/20120119/14494917475/internet-strikes-back-anonymous-takes-down-dojgov-riaa-mpaa-sites-to-protest-megaupload-seizure.shtml</guid>
<description><![CDATA[ I'll have a more detailed look at the Megaupload indictment tomorrow (there are some <b>really</b> ridiculous claims in there, but also some evidence of bad actions on the part of Mega, which isn't too surprising).  However, even if you're 100% positive that Megaupload was a bad player in the space, you have to question both <a href="http://www.techdirt.com/articles/20120119/13052817473/doj-gives-its-opinion-sopa-unilaterally-shutting-down-foreign-rogue-site-megaupload-without-sopapipa.shtml">the timing and the process</a> of completely taking down the site/company the day after practically the entire internet rose up to protest the threat of similar takedowns under SOPA/PIPA.  For them not to think the reaction would be fast and furious shows (yet again) just how incredibly, ridiculously, out of touch with the internet the DC establishment is.
<br /><br />
Within minutes of the site being shut down, and DOJ releasing its statement, Anonymous sprang into action and started taking down a ton of sites -- including websites for the DOJ, the US Copyright Office, Universal Music, the RIAA, the MPAA and a bunch of other sites.  They're apparently still targeting more.
<br /><br />
Think of this as the flipside of yesterday's protests.  Yesterday the internet folks went dark to protest things.  Today... following the government's decision to show off its existing censorship powers -- mocking yesterday's protests -- it appears that the industry/government supporters of online censorship are going dark involuntarily... in a different form of protest.
<br /><br />
When will the government learn: don't muck with the internet?<br /><br /><a href="http://www.techdirt.com/articles/20120119/14494917475/internet-strikes-back-anonymous-takes-down-dojgov-riaa-mpaa-sites-to-protest-megaupload-seizure.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120119/14494917475/internet-strikes-back-anonymous-takes-down-dojgov-riaa-mpaa-sites-to-protest-megaupload-seizure.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120119/14494917475/internet-strikes-back-anonymous-takes-down-dojgov-riaa-mpaa-sites-to-protest-megaupload-seizure.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>doj-does-not-understand-what-has-been-unleashed</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120119/14494917475</wfw:commentRss>
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<item>
<pubDate>Fri, 30 Sep 2011 10:38:00 PDT</pubDate>
<title>Lawyer For Accused: DDoS Is A Legal Form Of Protest</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110930/02323316145/lawyer-accused-ddos-is-legal-form-protest.shtml</link>
<guid>http://www.techdirt.com/articles/20110930/02323316145/lawyer-accused-ddos-is-legal-form-protest.shtml</guid>
<description><![CDATA[ Last year, we discussed whether or not things like Operation Payback by Anonymous (DDoSing sites of organizations they didn't like) was really the <a href="http://www.techdirt.com/articles/20101209/12193312214/is-operation-payback-crime-just-modern-equivalent-sit.shtml">equivalent of a modern-day sit-in</a> protest, rather than a criminal hacking, as law enforcement (and victims) wanted to allege.  It appears that this may be a question that courts are going to need to answer.  <a href="https://twitter.com/#!/NjDobber/statuses/119623881806979072" target="_blank">Nick</a> points us to the news that the lawyer for a homeless guy accused of setting up a DDoS on the City of Santa Cruz (he was pissed about a law) is <a href="http://idealab.talkingpointsmemo.com/2011/09/homeless-hacker-lawyer-ddos-isnt-an-attack-its-a-digital-sit-in.php" target="_blank">claiming that DDoS attacks are legal and protected speech</a> in the form of a protest:
<blockquote><i>
&ldquo;There&rsquo;s no such thing as a DDoS &lsquo;attack&rsquo;,&rdquo; Leiderman said. &ldquo;A DDoS is a protest, it&rsquo;s a digital sit in. It is no different than physically occupying a space. It&rsquo;s not a crime, it&rsquo;s speech.&rdquo;
<br /><br />
Leiderman said the crimes shouldn&rsquo;t be prosecuted at all. &ldquo;Nothing was malicious, there was no malware, no Trojans. This was merely a digital sit in. It is no different from occupying the Woolworth&rsquo;s lunch counter in the civil rights era.&rdquo;
</i></blockquote>
In this case, the case has nothing to do with Anonymous, Lulzsec or any of those high profile groups, but they might want to pay attention to the case.  It seems that some of those already arrested in various sweeps against Anonymous and Lulzsec have <a href="http://idealab.talkingpointsmemo.com/2011/09/defending-anonymous-lawyers-for-alleged-hacktivists-speak-out.php" target="_blank">indicated</a> that they're <a href="http://idealab.talkingpointsmemo.com/2011/09/anonymous-lawyer-ddos-attack-just-like-obama-supporters-overloading-congress-switchboard.php">considering</a> the same defense strategy.  In that last one, involving Mercedes Haefer, who was charged with being a part of Anonymous, her lawyer is pointing out that President Obama has asked supporters to overload the switchboards of Congress -- and that's a form of a denial of service attack:
<blockquote><i>
"I think this is a political persecution, end of story," Cohen said. "This administration wants to send a message to those who would register their opposition: 'you come after us, we're going to come after you.' That's what has happened in the Eric Holder Department of Justice."
<br /><br />
"When Obama orders supporters to inundate the switchboards of Congress, that's good politics, when a bunch of kids decide to send a political message with roots going back to the civil rights movement and the revolution, it's something else," Cohen told TPM, stipulating that he was not indicating that his client was even involved. "Barack Obama urged people to shutdown the switchboard, he's not indicted."
</i></blockquote>
Not surprisingly, I'm sympathetic to this argument, though I do wonder how well it'll play in court.  In both of these cases, I think a decent case can be made that the actions are a form of speech, in that they were both designed to protest certain actions.  The question is whether or not the courts will recognize them as legitimate and protected protests.  And that may very well come down to the judges in the cases.<br /><br /><a href="http://www.techdirt.com/articles/20110930/02323316145/lawyer-accused-ddos-is-legal-form-protest.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110930/02323316145/lawyer-accused-ddos-is-legal-form-protest.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110930/02323316145/lawyer-accused-ddos-is-legal-form-protest.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-could-get-interesting</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110930/02323316145</wfw:commentRss>
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<pubDate>Thu, 23 Dec 2010 07:15:00 PST</pubDate>
<title>Now Random Webhosts Are Demanding Wikileaks Mirrors Be Taken Down Over Possibility Of DDoS?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101222/22394012391/now-random-webhosts-are-demanding-wikileaks-mirrors-be-taken-down-over-possibility-ddos.shtml</link>
<guid>http://www.techdirt.com/articles/20101222/22394012391/now-random-webhosts-are-demanding-wikileaks-mirrors-be-taken-down-over-possibility-ddos.shtml</guid>
<description><![CDATA[ With all the attempts by corporations to distance themselves from Wikileaks -- often claiming dubious legal issues or terms of use violations that don't seem to really exist -- the EFF is pointing out that one of the (many, many) Wikileaks mirror sites was <a href="https://www.eff.org/deeplinks/2010/12/weakest-links-host-buckles-when-upstream-provider" target="_blank">told by his hosting company he had to remove it or he'd lose his account</a>.  The reasoning was quite bizarre.  The host claimed that its upstream provider was worried about potential DDoS attacks:
<blockquote><i>
Recently we heard from a user who mirrored the Cablegate documents on his website. His hosting provider SiteGround suspended his account, claiming that he "severely" violated the SiteGround Terms of Use and Acceptable Use Policy. SiteGround explained that it had gotten a complaint from an upstream provider, SoftLayer, and had taken action "in order to prevent any further issues caused by the illegal activity."
<br /><br />
SiteGround told the user that he would need to update his antivirus measures and get rid of the folder containing the Wikileaks cables to re-enable his account. When the user asked why it was necessary to remove the Wikileaks folder, SiteGround sent him to SoftLayer. The user asked SoftLayer about the problem, but the company refused to discuss it with him because he isn't a SoftLayer customer. Finally, SiteGround told the user that SoftLayer wanted the mirror taken down because it was worried about the potential for distributed denial of service (DDOS) attacks. When the user pointed out that no attack had actually happened, and that this rationale could let the company use hypothetical future events to take down any site, SiteGround said that it was suspending the account because a future DDOS attack might violate its terms of use. 
</i></blockquote>
Taking down a site because it <i>might</i> possibly be subject to a DDoS attack in the future?  How does that make sense?  We were confused enough when EveryDNS claimed that getting hit by a DDoS <a href="http://www.techdirt.com/articles/20101202/22322512099/wikileaks-says-its-site-has-been-killed.shtml">violated</a> its terms of service, but its even more confusing to think that the remote possibility that at some date in the future you <i>might</i> get hit by a DDoS is a terms of service violation.
<br /><br />
Separately, I was quite surprised to see SoftLayer's name as being involved here, because I'm aware of other situations in which SoftLayer has been <a href="http://pubcit.typepad.com/clpblog/2010/10/gds-publishing-provides-a-timely-reminder-of-why-we-needed-the-libel-tourism-law.html" target="_blank">protective of customer rights</a> and not prone to act rashly.   So I'm curious if this was a miscommunication or if something else happened.<br /><br /><a href="http://www.techdirt.com/articles/20101222/22394012391/now-random-webhosts-are-demanding-wikileaks-mirrors-be-taken-down-over-possibility-ddos.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101222/22394012391/now-random-webhosts-are-demanding-wikileaks-mirrors-be-taken-down-over-possibility-ddos.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101222/22394012391/now-random-webhosts-are-demanding-wikileaks-mirrors-be-taken-down-over-possibility-ddos.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>weak-sauce</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101222/22394012391</wfw:commentRss>
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<pubDate>Fri, 12 Nov 2010 10:00:45 PST</pubDate>
<title>FBI Apparently Investigating Anonymous' 'Operation Payback' Denial Of Service Attacks</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101112/01163111830/fbi-apparently-investigating-anonymous-operation-payback-denial-of-service-attacks.shtml</link>
<guid>http://www.techdirt.com/articles/20101112/01163111830/fbi-apparently-investigating-anonymous-operation-payback-denial-of-service-attacks.shtml</guid>
<description><![CDATA[ We pointed out early on that the distributed denial of service (DDoS) attacks on various pro-copyright organization websites was <a href="http://www.techdirt.com/articles/20100919/11430011073/denial-of-service-attacks-on-riaa-mpaa-are-a-really-dumb-idea.shtml">a dumb idea</a>.  Beyond just giving those organizations the ability to portray themselves as victims, you knew that it would just lead to them crying to law enforcement -- and so it's no surprise that <a href="http://news.cnet.com/8301-31001_3-20022264-261.html?tag=topStories1" target="_blank">the FBI is now investigating</a>.  I have no doubt that, at some point, they'll find some sort of sacrificial lamb or three which will be prosecuted, and potentially <a href="http://www.techdirt.com/articles/20101108/03085111756/30-months-in-prison-for-denial-of-service-hit-on-politicians-websites.shtml">sent to jail</a>.  Some believe that once a few of those folks are sent to jail, it will scare off folks involved in these attacks, but I do wonder if going after these users is actually <a href="http://www.techdirt.com/articles/20101026/01311411586/the-revolution-will-be-distributed-wikileaks-anonymous-and-how-little-the-old-guard-realizes-what-s-going-on.shtml">making the same mistake</a>: that is, it turns them into victims, and only rallies people up.  The whole thing just becomes silly, with each side attacking each other, making the other side look like victims.  It's hard to get out of the cycle and focus on opportunities for moving forward.  And that's really unfortunate.<br /><br /><a href="http://www.techdirt.com/articles/20101112/01163111830/fbi-apparently-investigating-anonymous-operation-payback-denial-of-service-attacks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101112/01163111830/fbi-apparently-investigating-anonymous-operation-payback-denial-of-service-attacks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101112/01163111830/fbi-apparently-investigating-anonymous-operation-payback-denial-of-service-attacks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>denial-of-denial</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101112/01163111830</wfw:commentRss>
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<pubDate>Tue, 9 Nov 2010 06:23:00 PST</pubDate>
<title>30 Months In Prison For Denial Of Service Hit On Politicians' Websites</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101108/03085111756/30-months-in-prison-for-denial-of-service-hit-on-politicians-websites.shtml</link>
<guid>http://www.techdirt.com/articles/20101108/03085111756/30-months-in-prison-for-denial-of-service-hit-on-politicians-websites.shtml</guid>
<description><![CDATA[ For all of those participating in the <a href="http://www.techdirt.com/articles/20100919/11430011073/denial-of-service-attacks-on-riaa-mpaa-are-a-really-dumb-idea.shtml">denial of service attacks</a> being put together by "Anonymous," you might want to consider that a guy who took down various politicians' websites with DDoS attacks <a href="http://www.securityweek.com/former-student-gets-30-months-prison-ddosing-conservative-figures-and-using-botnets" target="_blank">just got 30 months in prison</a> -- along with over $50,000 in fines and 3 additional years of "supervised release."  This certainly seems like punishment way out of line with the actual actions, but in this day and age of law enforcement and the legal system not really understanding technology, it's not all that surprising.<br /><br /><a href="http://www.techdirt.com/articles/20101108/03085111756/30-months-in-prison-for-denial-of-service-hit-on-politicians-websites.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101108/03085111756/30-months-in-prison-for-denial-of-service-hit-on-politicians-websites.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101108/03085111756/30-months-in-prison-for-denial-of-service-hit-on-politicians-websites.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seems-a-bit-extreme</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101108/03085111756</wfw:commentRss>
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<pubDate>Mon, 18 Oct 2010 12:34:00 PDT</pubDate>
<title>Gene Simmons Now Wants To Throw 'Anonymous' In Jail</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101018/11395011471/gene-simmons-now-wants-to-throw-anonymous-in-jail.shtml</link>
<guid>http://www.techdirt.com/articles/20101018/11395011471/gene-simmons-now-wants-to-throw-anonymous-in-jail.shtml</guid>
<description><![CDATA[ A couple of weeks ago, Gene Simmons made one of his <a href="http://www.techdirt.com/articles/20101006/03481311310/gene-simmons-says-sue-your-fans-take-their-homes-so-why-hasn-t-he.shtml">ridiculously misguided</a> attacks on file sharers (he does it <a href="http://www.techdirt.com/articles/20071115/150246.shtml">every few years</a>).  Despite the fact that KISS is a perfect example of a band that makes a ton of money from scarce goods that are made more valuable the more people are aware of their music, Simmons has this misguided notion that "suing everyone" is the right strategy.  Of course, as we pointed out at the time, he's obviously bluffing, because he's had the opportunity to do so for years and <i>he has not done so</i>.
<br /><br />
Either way, his antics caught the attention of the folks behind "Operation Payback," from the group Anonymous (an effort that I still think is equally <a href="http://www.techdirt.com/articles/20100919/11430011073/denial-of-service-attacks-on-riaa-mpaa-are-a-really-dumb-idea.shtml">misguided</a>), and they <a href="http://www.slyck.com/story2085_Anonymous_Strikes_at_KISS_Frontman_Gene_Simmons_With_DDoS_Attack" target="_blank">took down Simmons' website</a> with a DDoS attack (after an apparent dispute internally over whether or not Simmons should be a target).
<br /><br />
Either way, it appears that the attack only sharpened the rhetoric from Simmons, in his standard speak-first-understand-later manner. He posted on his site that <a href="http://www.slyck.com/news.php?story=2088" target="_blank">he was working with the FBI to "sue their pants off"</a> for "hacking" his site:
<blockquote><i>
Some of you may have heard a few popcorn farts re: our sites being threatened by hackers.
<br /><br />
Our legal team and the FBI have been on the case and we have found a few, shall we say "adventurous" young people, who feel they are above the law.
<br /><br />
And, as stated in my MIPCOM speech, we will sue their pants off.
<br /><br />
First, they will be punished.
<br /><br />
Second, they might find their little butts in jail, right next to someone who's been there for years and is looking for a new girl friend.
<br /><br />
We will soon be printing their names and pictures.
<br /><br />
We will find you.
<br /><br />
You cannot hide.
<br /><br />
Stay tuned
</i></blockquote>
Well, good luck with that.  It tends to be a lot harder to identify folks behind a DDoS attack than you might think.  Also, I'm curious why the FBI even <i>cares</i>, but we've seen the FBI kowtow to celebrities in the past, so it's possible.  Either way, all this has done, so far, is to get Anonymous back to taking down Simmons' website.  My guess is that, just like his previous comments, this looks like Simmons as all-talk-and-no-action.  But, the more he tries to become the latest version of Lars Ulrich, the more he's going to regret it.<br /><br /><a href="http://www.techdirt.com/articles/20101018/11395011471/gene-simmons-now-wants-to-throw-anonymous-in-jail.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101018/11395011471/gene-simmons-now-wants-to-throw-anonymous-in-jail.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101018/11395011471/gene-simmons-now-wants-to-throw-anonymous-in-jail.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-luck,-gene</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101018/11395011471</wfw:commentRss>
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<pubDate>Mon, 20 Sep 2010 04:26:45 PDT</pubDate>
<title>Denial Of Service Attacks On RIAA &amp; MPAA Are A Really Dumb Idea</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100919/11430011073/denial-of-service-attacks-on-riaa-mpaa-are-a-really-dumb-idea.shtml</link>
<guid>http://www.techdirt.com/articles/20100919/11430011073/denial-of-service-attacks-on-riaa-mpaa-are-a-really-dumb-idea.shtml</guid>
<description><![CDATA[ There's an entertainment industry lawyer who once used his blog to suggest that I had an "army of hackers" at my disposal that I would order to send a denial of service attack against anyone I disagreed with.  I thought that was pretty funny in how ridiculous a claim it was.  Beyond the fact that I can barely get my dog to follow my instructions (and I feed her!), let alone anyone who reads this site, I think that denial of service attacks are a pretty dumb idea.  It does nothing but piss off people and doesn't make any real point at all.  So it's really disappointing to hear that the /b/ folks at 4chan decided to use this weekend to <a href="http://torrentfreak.com/4chan-ddos-takes-down-mpaa-and-anti-piracy-websites-100918/" target="_blank">DDoS the MPAA</a> and then <a href="http://torrentfreak.com/4chan-to-ddos-riaa-next-is-this-the-protest-of-the-future-100919/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Torrentfreak+%28Torrentfreak%29" target="_blank">the RIAA</a>.  The thing with /b/ is that even at their most crude and immature, they're usually <i>creative</i> in their attacks.  There's nothing at all creative about taking down the MPAA and the RIAA -- and all it does is serve to reinforce their misguided prejudices that it's just a bunch unruly kids who dislike them.  On top of that, it gives them more ammo to position themselves as being persecuted by a small minority.  It's a dumb move that looks bad and does a lot more harm than good from a group that should know better.<br /><br /><a href="http://www.techdirt.com/articles/20100919/11430011073/denial-of-service-attacks-on-riaa-mpaa-are-a-really-dumb-idea.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100919/11430011073/denial-of-service-attacks-on-riaa-mpaa-are-a-really-dumb-idea.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100919/11430011073/denial-of-service-attacks-on-riaa-mpaa-are-a-really-dumb-idea.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>come-on</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100919/11430011073</wfw:commentRss>
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<pubDate>Mon, 27 Jul 2009 00:18:23 PDT</pubDate>
<title>AT&amp;T Blocks 4chan Over DDoS... But May Not Like What Happens Next...</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090726/1817155667.shtml</link>
<guid>http://www.techdirt.com/articles/20090726/1817155667.shtml</guid>
<description><![CDATA[ A few folks have submitted the news that, apparently, AT&#038;T is <a href="http://la.metblogs.com/2009/07/26/is-att-blocking-4chan-in-socal/" target="_new">blocking access to a certain subdomain of 4chan</a>.  I just checked on my own AT&#038;T DSL account and it's true that I can't get there (I can get there if I don't go via AT&#038;T).  That doesn't mean that AT&#038;T definitely is blocking it, but there are reports that folks at AT&#038;T have admitted that it's true.  If you don't know what 4chan is, the <a href="http://en.wikipedia.org/wiki/4chan" target="_new">4chan Wikipedia page</a> is probably the best way to understand it.  Even if the site is controversial for some, it does seem quite extreme for AT&#038;T to do an outright block, without any official warning or immediate explanation.  Outright blocking of websites, without recourse and without a clear explanation of why, is extremely questionable and the sort of "net neutrality" violation that the FCC would likely come down hard against.  If it's true that there's a block, perhaps AT&#038;T is assuming that no one serious (such as the FCC) would come to the defense of 4chan, but that might be a mistake (in part because AT&#038;T probably won't like what happens when 4chan decides to come to <i>its own</i> defense).  Hopefully this will be explained away as a mistake.  So far, the best explanation I've seen is (via 4chan) the claim that the subdomain was involved in some sort of <a href="http://zip.4chan.org/g/res/5165900.html#q5165900" target="_new">DDoS attack</a>, but you would think that, if that were the case, AT&#038;T would have just made that clear from the beginning.  Not coming out with a clear and concise explanation just looks bad, and seems to be stirring up 4chan folks to make a statement -- something AT&#038;T almost certainly <i>does not</i> want.  AT&#038;T may be able to tap your phones, but getting on the wrong side of 4chan seems like a bad, bad idea.
<br /><br />
<b>Update</b>: As expected, AT&#038;T has confirmed (as we believed) that this was over a DDoS attack:
<blockquote><i>
Beginning Friday, an AT&#038;T customer was impacted by a denial-of-service attack stemming from IP addresses connected to img.4chan.org.  To prevent this attack from disrupting service for the impacted AT&#038;T customer, and to prevent the attack from spreading to impact our other customers, AT&#038;T temporarily blocked access to the IP addresses in question for our customers.  This action was in no way related to the content at img.4chan.org; our focus was on protecting our customers from malicious traffic.  
<br /><br />
Overnight Sunday, after we determined the denial-of-service threat no longer existed, AT&#038;T removed the block on the IP addresses in question. We will continue to monitor for denial-of-service activity and any malicious traffic to protect our customers.
</i></blockquote>
That said, I still think AT&#038;T failed here, in that they did not make this clear from the outset.  If they had stated upfront what the situation was, in conjunction with the temporary block, they would have been much better off.  But by silently blocking, they kicked off a firestorm that had to have been expected by anyone aware of 4chan.<br /><br /><a href="http://www.techdirt.com/articles/20090726/1817155667.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090726/1817155667.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090726/1817155667.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-would-not-be-a-good-thing...</slash:department>
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