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DDoS And The Internet's Liability Problem
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Thomas Claburn
Thomas Claburn,
User Rank: Ninja
11/18/2015 | 4:25:04 PM
Make it so
I agree. So what needs to happen to make this work?
PaulV378
PaulV378,
User Rank: Strategist
11/19/2015 | 4:51:08 AM
Re: Make it so
my plan of the moment is to draft some proposed amendments to the computer fraud and abuse act (CFAA) and then go to DC and try to interest the US congress in this simple solution to the very vexing problem.
victorhotel
victorhotel,
User Rank: Strategist
11/19/2015 | 2:17:13 PM
Re: Make it so
A good proposal, but will it fly?

Liability for insecure software has been proposed for well over decade, by Schneier and a host of others.  Nothing to show for it even though the law should be easy to formulate, as there is a direct contractual relationship between the victim (buyer of software) and the software vendor.  Of course, we do have liability written into individual contracts between corporate buyers and vendors.

Liability for DDoS is more difficult, as the victim is not the buyer of the defective product.  Then again, precedence does exist in tort law - if a car malfunctions and injures a pedestrian, the victim may have grounds to sue the car manufacturer.

Rather than lobbying Congress, your time may be better spent lobbying telecom regulators. They could fix the problem, partially, by mandating secure networks and servers in at least telecom providers and ISPs.  To be effective, the regulators would need to audit the providers.  (Do we need another PCI-DSS type audit scheme?)

How we fix the insecure IoT from being a party to DDoS I don't know.  Consumers don't care unless privacy or finances are at stake, so the politicians will certainly not care.
wcbonner
wcbonner,
User Rank: Apprentice
11/19/2015 | 3:37:40 PM
DDoS Botnets
A growing trend in DDoS botnets is to use commercial cloud services and fresh, dedicated machines. Stolen credit card information is used to purchase the compute resources, and thousands of machines can be started up and dedicated to an attack before the fruadulent use has been detected.

This doesn't rely on existing weaknesses in open protocols, and new legislation is not going to fix things.

Wim.
PaulV378
PaulV378,
User Rank: Strategist
11/21/2015 | 1:52:31 AM
Re: DDoS Botnets
those cloud providers are helping to create public hazards. the shift i'm looking for in liability will allow a ddos victim to recover damages from a cloud provider who sold the vm to a ddos-for-hire gang.


not everything that can be done, should be done. it's time everybody creating software or networks for the internet got that lesson taught to them.
UldisS421
UldisS421,
User Rank: Apprentice
11/22/2015 | 2:00:23 PM
Re: Make it so
Liability for insecure software would make it hard for open source. Not because someone might try suing, they cant do that. But because of people getting afraid of liabilities on them, not the software creators, thus making them choose propriatary software just to stay safe themselves.

Another aspect. Getting liabilities on the senders would mean sending legal notices etc. to thousands of them, many in faraway lands with lots of legal problems, like "it is not illegal in my country" to "we dont care" and just stretching the time.

So, I dont know if this idea would work in real life as it sounds in theory. Still many obstacles.
Dr.T
Dr.T,
User Rank: Ninja
11/25/2015 | 11:08:27 AM
DDoS without vulnerability
DDoS without vulnerability

Nice article, enjoyed reading it. There can be a real successful DDoS attach without ant vulnerability, that is what it is always successful form of attack. 
Dr.T
Dr.T,
User Rank: Ninja
11/25/2015 | 11:11:11 AM
Re: Make it so
Anything involving government these days obviously not working, you never know tough. :--)).
Dr.T
Dr.T,
User Rank: Ninja
11/25/2015 | 11:13:58 AM
Re: Make it so
I agree, also public is not aware of this situation, unless there is public support nobody will move or touch anything.
Dr.T
Dr.T,
User Rank: Ninja
11/25/2015 | 11:16:56 AM
Re: DDoS Botnets
Agree, once you have the impact does not matter how it happened, this is like using target's resources to attack target itself. :--)).
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