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Germany Declares Hacking Tools Illegal
Posted by
Zonk
on Thu May 31, 2007 01:03 PM
from the hack-the-planet-leave-germans-alone dept.
from the hack-the-planet-leave-germans-alone dept.
dubbelj writes "Germany has updated their computer crime law to declare 'hacking tools' illegal. This will place most of the professionals in the network admin and computer security fields in a sort of legal grey area. 'The new rules tighten up the existing sanctions and prohibit any unauthorized user from disabling or circumventing computer security measures to access secure data (see the law, sections 200 and following [in German]). Manufacturing, programming, installing, or spreading software that can circumvent security measures is verboten, which means that some security scanning tools might become illegal.' We discussed a similar measure in January when Australia considered the same kind of legislation. How will this affect Linux distribution in Germany, as most standard Linux distributions come with these kind of 'hacking tools' installed by default?"
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Your Rights Online: Aussie Bill Would Ban Hacking Tools, Virus Code 213 comments
rtscts writes: "The Australian govt. is at it again: 'Under the bill, which proposes seven new computer offences carrying jail terms of up to 10 years, it is illegal to possess hacker toolkits, scanners and virus code.'" The bill is called the Cybercrime Bill 2001; according to this article, it "does allow the Defence Signals Directorate (DSD) and Australian Security Intelligence Organisation(ASIS) to hack legally. It also forces companies by law to reveal passwords, keys, codes, cryptographic and steganographic methods used to protect information."
[+]
Strict German Computer Crime Law Now in Effect 226 comments
SkiifGeek writes "With little fanfare, section 202c of the German computer crime laws came into effect over the weekend. Worryingly for Security professionals, the laws make the mere possession of (creates, obtains or provides access to, sells, yields, distributes or otherwise allows access to) many useful tools illegal. A similar law was proposed for the UK, however it was modified prior to passing through parliament due to the outcry from the industry. Phenoelit, KisMAC, the CCC, and the Month of PHP Bugs are just some of the relatively high profile projects and groups to have already taken measures to remove or modify content under this law."
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man ping (Score:5, Interesting)
Re:man ping (Score:4, Interesting)
Re: (Score:3, Interesting)
Re:man ping (Score:4, Funny)
Problem Solved (Score:5, Funny)
Re: (Score:3, Funny)
Reply: Well, no phreaking problem folks...HAVEFUN. (Score:5, Insightful)
In a MAD dash governments globally will make all "Hacker Tools" illegal. Zoll Gestapo will be contracted and trained by the US Government, then deployed to Russia, China, USA, France, Canada... All heidi-holes, small/large dark crevices, and generally anything that can be screwed will be looked into.
"Hacker Tools" from telnet, ping, TFTP
Luddites love politics; because they are not required to know or do, anything right, and are paid anyway. Politics has become a form of welfare for the wealthy incompetent of the US, EU, Iran, Saudi, Russia, China, Egypt, India, Sudan, Mexico.... Politicians in any country are a pitiable basket of low intelligence, corrupt ethics, and fetid morals.
US, EU, and many others are in troubled/stupid times.
Re:Reply: Well, no phreaking problem folks...HAVEF (Score:5, Funny)
Yeah, Heidi is such a slut.
The Facade of Law (Score:5, Insightful)
1. The lawmakers mean well, but don't understand the technology or the implications of this law.
2. They are deliberately transferring power from the Judicial Branch to the Executive Branch in order to appear "tough" on crime. When it's impractical to enforce a law that is broken by many people, the Executive Branch doesn't enforce it, unless they need an excuse to bust someone they don't like, or to search someone they're suspicious of. This gap between what is commonly enforced and what CAN be enforced, I like to call "The Facade of Law" as opposed to "The Rule of Law".
As long as the masses believe they are safe and the system is just, they won't riot/revolt. "Justice" is just an illusion to provide political and economic stability to a group of social (and hence moral) animals. (In my opinion)
DRM? (Score:3, Interesting)
Who is ... (Score:3, Interesting)
On a serious note doesn't this basically make watching dvds on a linux computer illegal as well ? Sounds to me like this can be wide open for abuse much like our beloved DMCA.
Can't RTFA since the laws are in German.
Re: (Score:3, Funny)
If you don't know, default is your own.
Re:Who is ... (Score:4, Funny)
If they were in English would it really make a difference ;).
Lock Hacking (Score:5, Insightful)
I certainly have found a locksmith to be very useful in very legal ways - but then again, I'm the kind of person who has key problems
Re:Lock Hacking (Score:5, Insightful)
Hacking tools are more like guns: make them illegal and only the criminals will have them.
Re: (Score:3, Interesting)
The parallel doesn't end there.
After the end of the Civil War, southern states passed gun-control laws that made it illegal to carry guns, or sometimes even to own
Re: (Score:3, Insightful)
He is perfectly right, by definition if you make guns illegal the only people who own guns would be criminals (and law enforcement but then its not a total ban on guns). There may be many or a few of them but by
Re: (Score:3, Interesting)
Re: (Score:3, Insightful)
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Re:Lock Hacking (Score:5, Informative)
From the N.C. statute:
" 74F-2. Purpose.
Locksmiths have the knowledge and tools to bypass or neutralize security devices in
vehicles, homes, and businesses. The laws of this State do not protect citizens from the
unscrupulous use and abuse of this knowledge and these tools by persons who are
untrained or have criminal intent. Therefore, the licensing of locksmiths is necessary to
protect public health, safety, and welfare."
Regards.
Re: (Score:3, Insightful)
Not at all. If you are against the prohibition of network security analysis tools you must also be against the prohibition of locksmithing tools.
So.... (Score:5, Insightful)
Re:So.... (Score:5, Informative)
If I'm an admin, I'm probably authorized to test my own network's security. I hack and probe my server constantly to determine my own security. The real gray area is if I'm guilty simply because I possess these tools or if I'm unauthorized to do something with those tools.
Bablefish of the CCC article (Score:5, Interesting)
May 25, 2007 (46halbe)
The Bundestag has today the prohibition of computer safety tools invariably durchgewunken (criminal law law of change for the fight of the computer criminality, more again 202 StGB). To be punished is in particular a manufacturing, a programming, a leaving, a spreading or providing software, which is urgently necessary for the daily work of network administrators and safety experts.
The Bundestag has today the prohibition of computer safety tools invariably durchgewunken (criminal law law of change for the fight of the computer criminality, more again 202 StGB). To be punished is in particular a manufacturing, a programming, a leaving, a spreading or providing software, which is urgently necessary for the daily work of network administrators and safety experts.
With it the delegates acted against the express advice of the experts belonged in the committees with the consultation of the law out of science and practice. Also on the part of the InterNet economy and from the Upper House of Parliament the law change had been criticized sharply. With exception of the Party of Democratic Socialism and a lonely SPD delegate now the completely large coalition that votierte notion lots to make Germany the professional disqualification zone for computer safety experts.
By expressed far version law becomes possession, which production and the spreading of preventive tools, with which security can be examined by computers, in Germany punishable. These tools are however essential, in order to ensure the security from computer systems to. The general prohibition of this software is to be forbidden about as helpfully as the production and the sales of hammers, because sometimes thereby also damages are accomplished.
Andy Mueller Maguhn, speaker of the chaos computer club, commentated: "the prohibition of the possession of computer safety tools opens also for the employment of the Bundestrojaners door and gate industry and citizen systematically the possibility is taken of examining their systems adequately for security. This prohibition endangers the security of the IT location Germany."
As the automobile industry, is examined in the computer industry the system security makes its vehicles with Crashtests safer by the controlled employment by attack programs. It will be legally no longer free of doubts possible in the future for sensitive computer systems will test whether they are safe or not.
On the yearly congress of the federal office for security in the information technology (BSI) Minister of the Interior Schaeuble announced planned certifying "more trustworthily" to Sicherheitsdienstleister. With this step obviously the abilities and the knowledge, which are necessary for effective safety examinations of computer systems, are into which hands by yard suppliers handread out by the government are monopolized, while the independent computer safety research can be kriminalisiert as desired selectively.
CCC speaker Mueller Maguhn in addition: "the explanations of the Minister of the Interior for computer security are pure lip-service. Here systematically the legal and organizational framework is created, in order to make citizens and enterprises defenseless opposite computer attacks, restaurant economics and also the Bundestrojaner. Safety research can take place only in an unacceptable legal gray area."
CCC Article + Babelfish + cleanup (Score:5, Informative)
May 25, 2007 (46halbe)
The Bundestag has today waved through, unchanged, a ban again computer safety tools (Bill for the change of Criminal law in order to fight computer criminality, new 202 StGB). Chiefly targeted is the manufacturing, programming, leaving (for someone), distribution, or procurement of software, which is urgently necessary for the daily work of network administrators and safety experts.
With this decision the delegates acted against the express advice given by experts from research and business to the committees consulting on the proposal. The law was also sharply criticised by the Internet economy sector and the Upper House of Parliament. With exception of the Party of Democratic Socialism and a lonely SPD delegate, the complete Great Coalition of the Clueless now voted to make Germany a professional disqualification zone for computer safety experts.
Through the markedly broad scope of the law, the possession, production and distribution of preventive tools with which to examine computer security will become punishable in Germany. These tools are, however, essential in order to ensure the security of computer systems. Banning this software is about as helpful as banning the production and the sales of hammers because sometimes these are also used to cause damages.
Andy Mueller-Maguhn, speaker of the Chaos Computer Club, commented: "banning the possession of computer safety tools leaves the door wide open for the use of Federal Trojans. Industry and citizens are systematically being robbed of the possibility of examining their systems adequately for security. This prohibition endangers the security of the German IT sector."
As the automobile industry makes its vehicles safer with crash tests, so does the computer industry test its system security through the controlled employment of attack programs. It will in future no longer be possible be to test sensitive computer systems for security in ways that are without a doubt legal.
At the yearly congress of the Federal Office for Security in the Information Technology (BSI), Minister of the Interior Schaeuble announced plans to certify "trustworthy" security providers. With this step, the abilities and knowledge necessary for effective safety examinations of computer systems shall apparently be monopolised by handpicked government suppliers, while the independent computer safety research can be selectively criminalised as desired.
CCC speaker Mueller-Maguhn added: "the explanations of the Minister of the Interior for computer security are pure lip-service. A legal and organizational framework is being systematically created here in order to make citizens and enterprises defenseless against computer attacks, industrial espionage and also Federal trojans. Safety research can take place only in an unacceptable legal gray area."
*N.B. "Bundestrojaner", which I've translated as Federal Trojans, are the programs the police/gov't use to search through people's computers remotely (newly legalised, or given greater scope, I believe)
IE illegal? (Score:4, Interesting)
Wait, what? (Score:5, Insightful)
Re: (Score:3, Interesting)
Re: (Score:3, Insightful)
Finally, a question which even I am qualified to answer.
It's simple -- who provided the tool?
If I install a rootkit on your computer, it's a hacking tool.
If Sony installs a rootkit
Outlaws (Score:5, Funny)
what made the list? (Score:5, Insightful)
On another note, expect little in the way of secure software innovation out of Germany in the next few years.
Like banning guns (Score:3, Interesting)
Brilliant.
Another parallel: this is like making it illegal to wreck a car, whether by accident or intentionally. With a law like this, cars can't be crash-tested, and auto crash safety research comes to a stop.
Of course, in the real world, computer simulations can be used to get around these problems. But with this new real-world law, the simulations themselves are illegal!
RMS is right (Score:5, Insightful)
http://www.gnu.org/philosophy/right-to-read.html [gnu.org]
Well... (Score:4, Informative)
Our brains... (Score:3, Insightful)
So they've outlawed brains.
Brilliant. =)
End of Days||Daze (Score:5, Insightful)
The commission communication "towards a general policy on the fight against cyber crime" [europa.eu]
There is no agreed definition of "cyber crime". From a strictly legal point of view, it can be questioned whether there is any need for the term at all - it could be argued that "cyber space" is just a new specific instrument used to commit crimes which are not new at all. The term may thus be most interesting from an operational point of view, i.e. the operational instruments and procedures to fight against this type of crime must be developed.
With that said, as an American, I can almost indicate any connection to me as being an illegal one and cost the German taxpayers a bucketload of money with false claims. Let's consider the following scenario.. Ping. Simple administrative tool, can also be used for DoS attacks. Suppose I start a business
Let's take it a step further into XSS (cross site scripting)... The browser IS THE TOOL. Should all browsers be banned now. Oh those Germans. I know... What about a German, with a shell on a server in America developing tools. Now those tools don't reside ANYWHERE in Germany then what. I would have laughed that law all the way to the bitbucket. But... You're likely dealing with e-Incompetent lawmakers driving Beamers and Benz' who care little about the advances in LIFE as a whole thanks to computing both good and bad (malicious hacking has forced companies to improve themselves).
Evil Bit (Score:5, Funny)
Coordinated International Effort (Score:3, Insightful)
Most policy wonks that deal with this sector have already spread the word that computers are dangerous tools in the wrong hands. So, step 1 is to make the tools illegal. For example, "Your honor we found hacking applications wireshark installed on the defendants computer." No questions about approved uses are allowed because that makes things too complicated.
Don't bother with legal challenges, the objective is to make computers a content delivery device. Anything else is too threatening to governments, regardless of their borders.
Best case scenario as other posts have pointed out, the government gives out licenses that allow you to use/own "hacking" software. In the U.S., probably a process similar to getting a clearance would be required. This is happening internationally.
Since this is the
Required reading for Americans unhappy with their political process: http://www.vanityfair.com/politics/features/2007/
Bullshit law (Score:4, Insightful)
Wrong Approach (Score:3, Interesting)
Back in the 90's when I was working at Data General I was on a team of people who were reading the source code to every function in the C library, operating system and utilities. For each function we wrote a document saying roughly "Here's what the function does, here are any potential side effects, here is the source code we used to make sure the function didn't break or compromise security in interesting ways." Data General was a pretty small company and yet they managed to find the resources to do this. I'm sure Microsoft or Intel would have no problem assembling a team that could do this. This would improve security of systems worldwide a lot more than some foolhardy attempt to prevent a set of applications from being developed.
About time... (Score:5, Funny)
Re: (Score:3, Funny)
Re: (Score:3, Funny)
Re:Computers (Score:5, Funny)
Re:Hard to read. (Score:4, Funny)
Re:Hard to read. (Score:4, Funny)
Re: (Score:3, Informative)
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Re: (Score:3, Insightful)
How is that not a positive use?