Re: Bugfinder Being Indicted As Criminal ("Counterfeiter") in France

[K-OTiK Security <Special-Alerts () k-otik com>]

In-Reply-To: <81637804AB36A644BBDE3ED9DD4E73FDC94B22 () hermes eCompany gov>

well ! this story is just a beta version of the new french liberticide law wich will come into effect very soon (next 
week).

France became a pseudo-monarchical-democracy, where the laws are made without requiring the opinion of the concerned 
people.

The article 323-3-1 of this "Law" will prohibit publication of any vuln. technical details, any proof of concept and 
any exploit. 

We can see that "searching & finding vulnerabilties" is/and will be a crime !

The legislators forgot that finding vulnerabilties and publishing exploits is not the cause of the problem, it's just a 
consequence of the insecurity.

They want to show reality as they wish it, and not as it exists ...

God bless (in)security and god bless (in)liberty !

Bekrar Chaouki - Security Consultant
http://www.k-otik.com


> Received: (qmail 11436 invoked from network); 31 Mar 2004 22:12:32 -0000
> Received: from outgoing3.securityfocus.com (205.206.231.27)
>  by mail.securityfocus.com with SMTP; 31 Mar 2004 22:12:32 -0000
> Received: from lists2.securityfocus.com (lists2.securityfocus.com [205.206.231.20])
>       by outgoing3.securityfocus.com (Postfix) with QMQP
>       id 69B15A3C45; Wed, 31 Mar 2004 15:03:09 -0700 (MST)
> Mailing-List: contact bugtraq-help () securityfocus com; run by ezmlm
> Precedence: bulk
> List-Id: <bugtraq.list-id.securityfocus.com>
> List-Post: <mailto:bugtraq () securityfocus com>
> List-Help: <mailto:bugtraq-help () securityfocus com>
> List-Unsubscribe: <mailto:bugtraq-unsubscribe () securityfocus com>
> List-Subscribe: <mailto:bugtraq-subscribe () securityfocus com>
> Delivered-To: mailing list bugtraq () securityfocus com
> Delivered-To: moderator for bugtraq () securityfocus com
> Received: (qmail 28325 invoked from network); 31 Mar 2004 14:06:37 -0000
> X-MimeOLE: Produced By Microsoft Exchange V6.5.6944.0
> Content-class: urn:content-classes:message
> MIME-Version: 1.0
> Content-Type: text/plain;
>       charset="us-ascii"
> Content-Transfer-Encoding: quoted-printable
> Subject: Bugfinder Being Indicted As Criminal ("Counterfeiter") in France
> Date: Wed, 31 Mar 2004 12:20:39 -0800
> Message-ID: <81637804AB36A644BBDE3ED9DD4E73FDC94B22 () hermes eCompany gov>
> X-MS-Has-Attach: 
> X-MS-TNEF-Correlator: 
> Thread-Topic: Bugfinder Being Indicted As Criminal ("Counterfeiter") in France
> Thread-Index: AcQXXaIuxPoBesWyT3SJ6PLz7USnzQ==
> From: "Drew Copley" <dcopley () eeye com>
> To: <bugtraq () securityfocus com>, <full-disclosure () lists netsys com>
>
> http://www.guillermito2.net/archives/2004_03_25e.html
>
> [thanks to AJ 'Effin' Reznor]
>
> [Disclaimer: I don't know who has seen this already, and I do not
> pretend to know the full facts of the case. -- Drew ]
>
> Excerpt:
>
> It's quite interesting to discover, from the inside, how the french
> justice system works. I'm back from Paris. I've just been indicted and
> charged of distributing programs that violated Intellectual Property
> rights (literally translated, it's "counterfeiting and concealment of
> counterfeiting"). Maximum punishment for these charges are two years in
> jail and a fine of 150.000 euros. I'm not yet judged guilty or innocent,
> but I already had to pay around two or three thousands dollars for two
> trips to Paris (I live in Boston, MA, USA), plane tickets, and lawyer
> fees. I already talked about my story here (in french).
>
> ...
>
> In march 2002, I published on my website a long analysis about this
> software. This webpage showed how the program worked, demonstrated a few
> security flaws, and some tests with real viruses. I showed that, unlike
> the advertizing claimed, this software didn't detect and stopped "100%
> of viruses". So, nothing really extraordinary. The company first reacted
> in a weird way: they denounced me publicly as a "terrorist", probably a
> nice attempt to make me change my mind. Later on, they filed a formal
> complaint against me in a Paris tribunal.=20
>
> ...