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Source ErrataRob.webp Errata Security
Identifiant 2087760
Date de publication 2020-12-09 15:25:45 (vue: 2020-12-09 21:06:08)
Titre The deal with DMCA 1201 reform
Texte There are two fights in Congress now against the DMCA, the "Digital Millennium Copyright Act". One is over Section 512 covering "takedowns" on the web. The other is over Section 1201 covering "reverse engineering", which weakens cybersecurity.Even before digital computers, since the 1880s, an important principle of cybersecurity has been openness and transparency ("Kerckhoff's Principle"). Only through making details public can security flaws be found, discussed, and fixed. This includes reverse-engineering to search for flaws.Cybersecurity experts have long struggled against the ignorant who hold the naive belief we should instead coverup information, so that evildoers cannot find and exploit flaws. Surely, they believe, given just anybody access to critical details of our security weakens it. The ignorant have little faith in technology, that it can be made secure. They have more faith in government's ability to control information.Technologists believe this information coverup hinders well-meaning people and protects the incompetent from embarrassment. When you hide information about how something works, you prevent people on your own side from discovering and fixing flaws. It also means that you can't hold those accountable for their security, since it's impossible to notice security flaws until after they've been exploited. At the same time, the information coverup does not do much to stop evildoers. Technology can work, it can be perfected, but only if we can search for flaws.It seems counterintuitive the revealing your encryption algorithms to your enemy is the best way to secure them, but history has proven time and again that this is indeed true. Encryption algorithms your enemy cannot see are insecure. The same is true of the rest of cybersecurity.Today, I'm composing and posting this blogpost securely from a public WiFi hotspot because the technology is secure. It's secure because of two decades of security researchers finding flaws in WiFi, publishing them, and getting them fixed.Yet in the year 1998, ignorance prevailed with the "Digital Millennium Copyright Act". Section 1201 makes reverse-engineering illegal. It attempts to secure copyright not through strong technological means, but by the heavy hand of government punishment.The law was not completely ignorant. It includes an exception allow what it calls "security testing" -- in theory. But that exception does not work in practice, imposing too many conditions on such research to be workable.The U.S. Copyright Office has authority under the law to add its own exemptions every 3 years. It has repeatedly added exceptions for security research, but the process is unsatisfactory. It's a protracted political battle every 3 years to get the exception back on the list, and each time it can change slightly. These exemptions are still less than what we want. This causes a chilling effect on permissible research. It would be better if such exceptions were put directly into the law.You can understand the nature of the debate by looking at those on each side.Those lobbying for the exceptions are those trying to make technology more secure, such as Rapid7, Bugcrowd, Duo Security, Luta Security, and Hackerone. These organizations have no interest in violating copyright -- their only concern is cybersecurity, finding and fixing flaws.The opposing side includes the copyright industry, as you'd expect, such as the "DVD" association who doesn't want hackers breaking the DRM on DVDs.However, much of the opposing side has nothing do with copyright as such.This notably includes the three major voting machine suppliers in the United States: Dominion Voting, ES&S, and Hart InterCivic. Security professionals have been pointing out security flaws in their equipment for the past several years. These vendors are explicitly trying to coverup their security flaws by using the law to silence critics.This goes back to the struggle mentioned at the top of this
Envoyé Oui
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