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  • These Go To Eleven: When The Law Goes Too Far

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    Michael Schearer
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    "These Go To Eleven: When the Law Goes Too Far" as presented by Michael "theprez98" Schearer at ShmooCon 9 on Sunday, February 17, 2013. Agents line up at a non-descript door which houses command and control servers for a criminal botnet. They enter with a court order to shut it down and seize the servers--but these agents aren't law enforcement--they're from Microsoft. Somewhere across the ocean, a domain goes offline. Customers--some legit, some not--lose their work product. They are on the receiving end of civil asset forfeiture by ICE or DHS which seized the domain with no warning and scant due process. These are but two of the ways the law is pushing its own boundaries to go on the offensive to deal with sophisticated and complex cybercrime. It's time we stop and pause to review these tactics--the results might just surprise you.

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    These Go To Eleven: When the Law Goes Too Far

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    "These Go To Eleven: When the Law Goes Too Far" as presented by Michael "theprez98" Schearer at ShmooCon 9 on Sunday, February 17, 2013. Agents line up at a non-descript door which houses command and control servers for a criminal botnet. They enter with a court order to shut it down and seize the servers--but these agents aren't law enforcement--they're from Microsoft. Somewhere across the ocean, a domain goes offline. Customers--some legit, some not--lose their work product. They are on the receiving end of civil asset forfeiture by ICE or DHS which seized the domain with no warning and scant due process. These are but two of the ways the law is pushing its own boundaries to go on the offensive to deal with sophisticated and complex cybercrime. It's time we stop and pause to review these tactics--the results might just surprise you.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Scarica in formato PPTX, PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    135 visualizzazioni27 pagine

    These Go To Eleven: When The Law Goes Too Far

    Caricato da

    Michael Schearer
    "These Go To Eleven: When the Law Goes Too Far" as presented by Michael "theprez98" Schearer at ShmooCon 9 on Sunday, February 17, 2013. Agents line up at a non-descript door which houses command and control servers for a criminal botnet. They enter with a court order to shut it down and seize the servers--but these agents aren't law enforcement--they're from Microsoft. Somewhere across the ocean, a domain goes offline. Customers--some legit, some not--lose their work product. They are on the receiving end of civil asset forfeiture by ICE or DHS which seized the domain with no warning and scant due process. These are but two of the ways the law is pushing its own boundaries to go on the offensive to deal with sophisticated and complex cybercrime. It's time we stop and pause to review these tactics--the results might just surprise you.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Scarica in formato PPTX, PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    di 27

    These Go To Eleven: When the Law Goes Too Far

    Fifth Amendment

    "No person shall...be deprived of life, liberty, or property, without due process of law..."

    Michael theprez98 Schearer

    Why you should be skeptical

    (Y)

    Part One

    LEGAL ASPECTS OF BOTNET TAKEDOWNS

    Knock, knock, Neo.

    Video: http://www.youtube.com/watch?v=BZdLl6yw pW0

    Botnet Takedowns: The Players


    Project MARS (Microsoft Active Response for Security)
    Microsoft Digital Crimes Unit Microsoft Malware Protection Center Customer Support Services Trustworthy Computing

    Ex Parte Temporary Restraining Order (FRCP Rule 65)


    extraordinary remedy

    Botnet Takedowns: The Themes


    Notice Opportunity to be Heard Jurisdiction Effectiveness Public Relations Impact/Compromise Investigations Role of the Private Actor Microsoft vs. less experienced company

    Botnet Takedowns
    Mar 2010: Waledac Mar 2011: Rustock Sep 2011: Kelihos (.b/.c) Sep 2012: Nitol Mar 2012: Zeus (partial) Feb 2013: Bamital

    Waledac

    via Brian Krebs

    Source: Palo Alto Networks

    Rustock
    How effective are Microsofts tactics?

    Source: Composite Blocking List

    Kelihos
    How effective are Microsofts tactics? Waledac 2.0? Kelihos.a (9/11) Kelihos.b (3/12) Kelihos.c Kelihos.d?

    Source: Microsoft complaint

    Nitol
    Started as investigation of counterfeit versions of Windows Discovered infections through Chinese supply chain

    Source: Geek.com

    Zeus
    What is the role of the private actor? How does that impact private research or law enforcement investigations?

    Bamital

    How far is too far?


    What is the legality of using the botnet own communications infrastructure to warn customers that they were infected?

    Part Two

    DOMAIN SEIZURES

    Domain Takedowns: The Players

    Domain Seizures: The Themes


    Notice Opportunity to be Heard Jurisdiction (.com/.net/.org) Effectiveness Public Relations

    Megaupload
    Criminal summons never served Non-infringing content seized (Kyle Goodwin) USG recommended 25 PB of data be deleted

    RojaDirecta

    Legal activities under Spanish law Extra-territorial application of copyright law?

    JotForm
    Seized by Secret Service with no notice Entire domain seized for few violations? Never notified of reasons for seizure

    Dajaz1.com
    Seized for content submitted by artists Court order sealed Forfeiture extension papers sealed Domain returned after one year

    Part Three

    FUTURE CONSIDERATIONS

    Future Considerations
    Other companies (and other courts) trying their hand Novel becomes regular; extraordinary becomes ordinary Slippery slope?

    These Go To Eleven: When the Law Goes Too Far

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