Analytics
11/1/2012
07:45 AM
Tim Wilson
Tim Wilson
Quick Hits
50%
50%

Companies Should Think About Hacking Back Legally, Attorney Says

Fighting back against cybercriminals can be risky, but there are legal ways to do it, says Hacker Halted speaker

MIAMI -- Hacker Halted 2012 -- If you're so frustrated with hackers that you're thinking about hitting them back, then be careful -- but it can be done.

That was the message delivered Tuesday by David Willson, an attorney from Titan Info Security Group, here at the Hacker Halted conference.

While many companies have the technical tools and knowledge they need to inflict damage on their online opponents, most of them do not pursue the idea because of concerns that the law will regard them as hackers themselves, Willson says.

"The bad news is that [corporations'] security sucks," he says. "The good news is that the bad guys' security sucks, too. There are tools, techniques, and intelligence that you can use to anticipate attacks as well as effectively stop them -- and potentially identify attackers once discovered in your network."

For example, a corporation could place code on a bot that has infected its network, Willson says. Eventually, that code might be transferred back to the attacker's command-and-control server, and could be programmed to block the attacker's communications path.

The trick, Willson says, is how to hack back legally. U.S. firms are governed by the federal Computer Fraud and Abuse Act, which essentially states that any unauthorized access of another organization's computers could be considered a crime. Some states have computer trespass laws, and other countries have laws that might get a company into legal trouble for cracking others' computers if those others are cybercriminals, he notes.

In the above example, where code is attached to a bot, an automated tool might be seen by the courts as being similar to cookies or adware, which are not illegal, Willson says.

Companies could also use honeypots, which allow users to legally collect intelligence about their attackers, or beacons, which legally illuminate an attacker's trail, Willson says.

Hacking back should never be a company's first response, but in the case of a persistent attacker, it might be the only answer. "You might be spending $50,000 to $100,000 a week to battle a persistent threat" he says. "You've tried all of the traditional approaches. Calling law enforcement doesn't help -- they are simply overwhelmed with other cases. What do you do?"

The key is to stay within criminal law while taking your chances with civil law, Willson says. "Obviously, you don't want law enforcement turning around and coming after you," he says. "But if a hacker wants to sue you for unauthorized access, that might be a chance you're willing to take."

Have a comment on this story? Please click "Add a Comment" below. If you'd like to contact Dark Reading's editors directly, send us a message. Tim Wilson is Editor in Chief and co-founder of Dark Reading.com, UBM Tech's online community for information security professionals. He is responsible for managing the site, assigning and editing content, and writing breaking news stories. Wilson has been recognized as one ... View Full Bio

Comment  | 
Print  | 
More Insights
Register for Dark Reading Newsletters
White Papers
Cartoon
Current Issue
Flash Poll
Threat Intel Today
Threat Intel Today
The 397 respondents to our new survey buy into using intel to stay ahead of attackers: 85% say threat intelligence plays some role in their IT security strategies, and many of them subscribe to two or more third-party feeds; 10% leverage five or more.
Video
Slideshows
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2013-7437
Published: 2015-03-29
Multiple integer overflows in potrace 1.11 allow remote attackers to cause a denial of service (crash) via large dimensions in a BMP image, which triggers a buffer overflow.

CVE-2013-7438
Published: 2015-03-29
Multiple buffer overflows in pbm212030 allow remote attackers to cause a denial of service (crash) or possible execute arbitrary code via a crafted PBM image, related to (1) stream line data, which triggers a heap-based buffer overflow, or (2) vectors related to an "internal intermediate heap-based ...

CVE-2014-5427
Published: 2015-03-29
Johnson Controls Metasys 4.1 through 6.5, as used in Application and Data Server (ADS), Extended Application and Data Server (aka ADX), LonWorks Control Server 85 LCS8520, Network Automation Engine (NAE) 55xx-x, Network Integration Engine (NIE) 5xxx-x, and NxE8500, allows remote attackers to read pa...

CVE-2014-5428
Published: 2015-03-29
Unrestricted file upload vulnerability in unspecified web services in Johnson Controls Metasys 4.1 through 6.5, as used in Application and Data Server (ADS), Extended Application and Data Server (aka ADX), LonWorks Control Server 85 LCS8520, Network Automation Engine (NAE) 55xx-x, Network Integratio...

CVE-2014-9205
Published: 2015-03-29
Stack-based buffer overflow in the PmBase64Decode function in an unspecified demonstration application in MICROSYS PROMOTIC stable before 8.2.19 and PROMOTIC development before 8.3.2 allows remote attackers to execute arbitrary code by providing a large amount of data.

Dark Reading Radio
Archived Dark Reading Radio
Good hackers--aka security researchers--are worried about the possible legal and professional ramifications of President Obama's new proposed crackdown on cyber criminals.