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Legal and ethical issues: Malware, ‘Filtering’, Wifi

Legal and ethical issues: Malware, ‘Filtering’, Wifi. David Vaile Cyberspace Law and Policy Centre http://cyberlawcentre.org/seng4921/ . Contents. Malware Filtering. Regulating malware. Types of malware: spectrum Apparently obvious, but reserve jmt?

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Legal and ethical issues: Malware, ‘Filtering’, Wifi

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  1. Legal and ethical issues: Malware, ‘Filtering’, Wifi David Vaile Cyberspace Law and Policy Centre http://cyberlawcentre.org/seng4921/

  2. Contents • Malware • Filtering

  3. Regulating malware • Types of malware: spectrum • Apparently obvious, but reserve jmt? • Bad: Russian data mafia, zombie bot net masters • ??: Adware, spyware? Law suits • Allegedly good: DRM, MS, Sony?

  4. Who ‘carries the can’? • Temptation to ‘Shift liability’ to user • Banking example • Trust is critical to ecommerce • Big banks hesitate, small want to shift • But how can a consumer understand either contract or IT security? • Usability failure • Potential abuse of negotation power • Customers can vote with their feet…

  5. Is IT security broken? • Reports from AusCERT: Buckland, Mau. • Unix model (WinNT, Mac, *nix) doomed • Assumes a well informed user • But too complicated, vendor obfuscate • No basis for decision to agree, click • False alarms • Rating method: minutes/hours before honeypot compromised?

  6. Financial markets • Compound character: virus, spam, spyware, recombinant, zombie, net • Targeted, off the shelf, attack financial systems • Spam trick trying to ramp up shares • Stock markets looking ‘straight through’ • Participants not diligent • Barbarians at the gate • Impact of manipulation: loss, panic? • Regulators out of touch?

  7. Consumer rights • ‘Informed prior consent’ best principle • Temptation: water it down • Business factor in cost of doing business? • Capacity to understand IT, security, or user agreement (EULA) • Rating method, icons? • Trust: someone else picks up the pieces • Foolproof, hack proof systems?

  8. Benevolent worm? • Alana Maurushat: Chinese public health • Aim to evade repressive state • Spread critical public health info • Users can remain innocent • ‘good’ payload? • ‘bad’ methods? • Means justify the ends? • Or are principles important?

  9. Google WiFi snooping for SV • Global privacy train wreck • Collecting WiFi SSID, MAC, payload • Is MAC ‘personal info’? • Broadcast? • Responsibility of hotspot operator? • Telecommunications Interception and Access Act – civil claim

  10. Filtering • Based on Australia institute paper 2003 • Backed by ‘Australian Christian Lobby’ • 2007 ALP policy • First UNSW forum • Second Forum • Research project

  11. Current proposal? • ‘RC’ not ‘prohibited’ classification • Difference from current? • Classification cf. censorship? ‘Filtering’ • ISP based, Mostly HTTP • Mandatory • Two tiered • Secret blacklist • Technical issues not insuperable?

  12. First Forum • Attempt to avoid the Nazi factor • Technical • Legal • Law enforcement • Kids • Agenda and materials • http://cyberlawcentre.org/2008/censorship/index.htm

  13. Child abuse material/ pornography? • Child abuse, paedophilia is a crime • What if no ‘child’ is involved? • Adult play impersonating child – Virt Worlds • Images: anime, avatars, 3D models • Offences: under 18 or appears • Created by kids? • Back channels • Reasonableness test • See AustLII: Cth Criminal Code 474.19http://www.austlii.edu.au/au/legis/cth/consol_act/cca1995115/sch1.html

  14. Second Forum • IIA • Censorship • International • Copyright • SSL • http://cyberlawcentre.org/censorship/forum2.htm

  15. Research Project • Interest of kids • Cost benefit analysis • Regulatory models • Opinions and needs • Technical constraints

  16. Issues • Complex and heated • Politics, spin, rheotoric • Moral Panic • Technology to fix a social problem • Expectations • Technical capability • Scope creep • Effectiveness/goals? • Freedom of speech • Censorship and classification – old model

  17. Consumer protection • Mosquito zapper analogy • Good intentions? • Wishful thinking? • Gesture (Singapore) useful? • Who is panic button for? • What do people expect?

  18. What do you think? • Can you empathise with Minister empathising with parents? • Why would they persist? • Does it matter if it works or not? • Is free speech an issue? • Are you dealing with the actual proposal, or an approximation?

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