Security Incidents mailing list archives

Re: Who's liable?


From: <macdaddy () neo pittstate edu>
Date: Sun, 14 Oct 2001 01:55:31 -0500 (CDT)

On Sun, 14 Oct 2001 hvdkooij () vanderkooij org wrote:

On Sat, 13 Oct 2001, Michael F. Bell wrote:

Lets change the victim from a Goverment agency to a private one.  Lets
say that EBAY got hacked and they launched the same sort of
investigation with the same findings..  What can be done from a legal
/financial standpoint if an attack is detected from your company network
and there is no proof on exactly who did it?  Can the victims take legal
action against you, or is there some sort of protocol from a legal
standpoint that hinders this?

We know (or should know) that IP addresses can and will be faked in case
of a real attempt and are not enough to

Anyone have trouble hiding his/hers IP number isn't more then a slight
inconvinience. (Untill proper handling of spoofed IP's is done more
seriously.)

I think something worth pointing out here is that it's unlikely that
you'll encounter a "spoofed" IP in a true hack.  Sure you'll get them in a
DoS all day long but I find it highly unlikely that you'll find them in a
true hack.  For more than the basic hack, you'll need more than one packet
and most likely an actual TCP conversation.  Unless you've already hacked
the router upstream of the target machine or jacked with the target
machine's routing table, you can't use the spoofed IPs in the
conversation.  If this is really a hack like the poster said, spoofed IPs
are most likely out the window.  This isn't to say that you won't
encounter spoofed IPs in background noise during the hack or that it's not
possible to use spoofed IPs for a hack; it's just hard to carry on a
conversation with a target if you're not giving it a real IP to talk to.

My thoughts on the scenarios is that if they (the investigating party)
can't ascertain who is really responsible, they won't find the company
responsible because of lax logging.  Say I'm ISP XYZ and a spammer gets
one of dialups as a throw-away account and hack company or government
server ABC and also that I don't log connections from our users (does any
ISP?), am I responsible?  I hope not.  I can't be responsible for the
actions of customers I've never met.

Justin



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