Jeremy Jaynes loses appeal on spamming case

Jeremy Jaynes, the spammer who was convicted and sentenced to nine years in prison in 2003 for violating Virginia's anti-spam law, has lost his appeal before the Virginia Supreme Court in a 4-3 ruling. Several of the dissents claimed that Virginia's anti-spam law, which criminalizes unsolicited bulk email with falsified headers, even if it is political or religious in content rather than commercial, is a violation of the First Amendment. The quotations from Justice Elizabeth Lacy and Jaynes' attorney Thomas M. Wolf both state that the law has diminished everyone's freedom by criminalizing "bulk anonymous email, even for the purpose of petitioning the government or promoting religion."

Both Lacy and Wolf misrepresent the law, which makes it a crime to "Falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers."

There is a difference between forging headers and sending anonymous email--the latter does not require the former, and the latter is not prohibited by the law. Jaynes wasn't just trying to be anonymous--he was engaged in fraud, and falsifying message headers and from addresses to try to avoid the consequences of his criminality. He wasn't using anonymous remailers to express a political or religious message, and if he had been, he wouldn't have been able to be charged under this law.

UPDATE (September 12, 2008): The Virginia Supreme Court has reversed itself and struck down Virginia's anti-spam law as unconstitutional, on the grounds that prohibiting false routing information on emails infringes upon the right to anonymous political or religious speech. This is a very bad decision for the reasons I gave above. There are ways to engage in anonymous speech without doing what Jaynes did, falsifying message headers and domain names. The court's argument that one must falsify headers, IP addresses, and domain names in order to be anonymous is factually incorrect. Anonymity doesn't require header falsification, it only requires *omission* of identifying information.

1 in 100 American adults are in prison

The United States has now reached an incarceration rate of 1 in every 99.1 adults, the highest rate in the world. We're spending an enormous amount of money to train people to be hardened criminals by throwing people convicted of nonviolent drug-related crimes into prisons with real criminals.

Finland, by contrast, has one of the lowest incarceration rates in the world, which has been in place for over 30 years. There is no correlation between crime rates and incarceration rates. In my opinion, we should decriminalize drug use, get rid of mandatory minimums, and adopt a model much closer to Finland's, where only violent offenders are imprisoned. Those who cause other kinds of harm to others should be required to make restitution to their victims.

Phoenix Flippers in Trouble

I'd seen similar blogs for California cities, now I'm glad to see there's one for Phoenix. The site lists homes currently for sale at a loss, ordered from greatest total loss to least. Most of these homes have been flipped multiple times before the current flipper got stuck with it.

Despite what a realtor might tell you, when you see homeowners repeatedly reducing prices like this, it is not a good time to buy. It's a good time to wait and watch prices continue to drop. When you start seeing prices go back up for a while, then it might be a good time to buy--it's much better to buy after things have bottomed out and started to increase again than it is to buy on the way down. That's sometimes referred to as "catching a falling knife."

I wouldn't consider buying anything until 2010 at the earliest. We haven't yet even seen the peak of subprime ARM resets, which should hit in the next few months. Then we still have Alt-A ARM resets to peak after that.

Arizona #4 for January foreclosures

Nationwide, foreclosures are up 57% for January 2008 vs. January 2007 (and up 8% vs. December 2007), and the top states for foreclosures in January (on a per-capita basis) were:

1. Nevada
2. California
3. Florida
4. Arizona
5. Colorado
6. Massachusetts
7. Georgia
8. Connecticut
9. Ohio
10. Michigan

Repossessions are up 90% or January 2008 compared to January 2007.

Of course I'm right

I do try to be accurate and correct my mistakes. I was happy to read on the Village Voice's blog that I'm "right." But I think they mean politically right. In some cases, I'm sure I'm to the right of the Village Voice. In others, I'm sure I'm right there with them on the left.

I suppose it could be argued that defending InfraGard from falsehoods is "right" in both senses.

Here's the comment I posted at the Village Voice blog:

I'll happily have my blog characterized as "right" meaning "correct," but I don't think it's terribly accurate to refer to much of its content as politically right wing. I would be happy to hear that ending the war in Iraq, ending the war on drugs, legalizing gay marriage, impeaching George W. Bush, abolishing the CIA, strict separation of church and state, and free speech absolutism (all positions defended at my blog) are now endorsed by the political right--it's about time.

Thanks for the link.

(Obligatory xkcd cartoon about being right. Kat can vouch for its accuracy.)

Pakistan takes out YouTube, gets taken out in return

As ZDNet reports, yesterday afternoon, in response to a government order to filter YouTube (AS 36561), Pakistan Telecom (AS 17557, pie.net.pk) announced a more-specific route (/24; YouTube announces a /23) for YouTube's IP space, causing YouTube's Internet traffic to go to Pakistan Telecom. YouTube then re-announced its own IP space in yet more-specific blocks (/25), which restored service to those willing to accept routing announcements for blocks that small. Then Pakistan Telecom's upstream provider, PCCW (AS 3491), which had made the mistake of accepting the Pakistan Telecom /24 announcement for YouTube in the first place, shut off Pakistan Telecom completely, restoring YouTube service to the world minus Pakistan Telecom. They got what they wanted, but not quite in the manner they intended.

Don't mess with the Internet.

Martin Brown gives more detail at the Renesys Blog, including a comment on how this incident shows that it's still a bit too easy for a small ISP to disrupt service by hijacking IPs, intentionally or inadvertently. Danny McPherson makes the same point at the Arbor Networks blog, and also gives a good explanation of how the Pakistan Internet provider screwed up what they were trying to do.

Somebody still needs to update the Wikipedia page on how Pakistan censors the Internet to cover this incident.

UPDATE: BoingBoing reports that the video which prompted this censorship order was an excerpt from Dutch Member of Parliament Geert Wilders' film "Forbidden" criticizing Islam, which was uploaded to YouTube back on January 28. I've added "religion" and "Islam" as labels on this post, accordingly. The two specific videos mentioned by Reporters without Borders as prompting the ban have been removed from YouTube, one due to "terms of use violation" and one "removed by user." The first of these two videos was supposedly the Geert Wilders one; the second was of voters describing election fraud during the February 18 Parliamentary elections in Pakistan. This blog suggests that the latter video was the real source of the attempted censorship gone awry, though the Pakistan media says it was the former. So perhaps the former was the pretext, and the latter was the political motivator.

A "trailer" for Wilders' film is on YouTube here. Wilders speaks about his film on YouTube here and here. Ayaan Hirsi Ali defends Wilders on Laura Ingraham's show on Fox News here. (Contrary to the blog post I've linked to, Hirsi Ali was not in the Theo Van Gogh film "Submission Part One," which can itself be found here, rather, she wrote it. Van Gogh was murdered as a result of it. The beginning and end is in Arabic with Dutch subtitles, but most of it is in English with Dutch subtitles.)

UPDATE (February 26, 2008): This just in, from Reuters--Pakistan "might have been" the cause of the YouTube outage. Way to be on the ball with breaking news, Reuters!

The Onion weighs in on the controversy!

New Mexico InfraGard conference

On Friday, I attended the New Mexico InfraGard Member Alliance's "$-Gard 2008" conference in Albuquerque. It was an excellent one-day conference that should be used as a model by other chapters. The conference was open to the public, and featured an informative and entertaining two-hour seminar on fraud and white collar crimes by Frank Abagnale, author of the autobiographical Catch Me If You Can and anti-fraud books The Art of the Steal and Stealing Your Identity. (Another version of Abagnale's talk can be viewed as an online webinar courtesy of City National Bank.) Abagnale argued that fraud has become much easier today than it was when he was a criminal forger, with numerous examples, and also offered some simple and relatively inexpensive ways for businesses and individuals to protect themselves. For example, he recommended the use of microcut shredders, and observed that his own business keeps shredders near every printer, and no documents get thrown away, everything gets shredded. He recommended the use of a credit monitoring service like Privacy Guard, and that if you write checks, you use a black uniball 207 gel pen, which is resistant to check-washing chemicals. For businesses that accept cash, he recommended training employees in some of the security features of U.S. currency rather than relying on pH testing pens, which are essentially worthless at detecting counterfeit money. By recognizing where bills use optical variable ink, for example, you can easily test for its presence in the time it takes you to accept bills from a customer and transfer them into a cash register. He also recommended that businesses use bank Positive Pay services to avoid having business checks altered. Other speakers included Anthony Clark and Danny Quist of Offensive Computing, who gave a talk on "Malware Secrets," based on their research and collection of 275,000 malware samples. Their talk included an overview of the economics of malware, which I believe is essential for understanding how best to combat it. They looked at the underground economy fairly narrowly focused on malware itself, and the cycle of its production, use, reverse engineering by whitehats, the development of antivirus patterns, and then demand for new undetectible malware, and observed that in that particular cycle it's probably the legitimate security companies such as antivirus and IDS vendors who make the most money. They didn't really look at the broader features of the underground economy, such as how botnets are used as infrastructure for criminal enterprises, or the division of criminal labor into different roles to disperse risk, though they certainly mentioned the use of compromised machines for spamming and phishing attacks. They skipped over some of the technical details of their work on automating the unpacking and decryption of malware, which was probably appropriate given the mixed levels of technical background in this audience. A particularly noteworthy feature of their research was their list of features of antivirus software that should be examined when making a purchase decision--performance, detection rates, miss rates, false positive rates, system intrusiveness, a product's own security, ease of mass deployment, speed, update frequency, use of signatures vs. other detection methods, ability to clean, capabilities with various categories of malware (rootkits, trojans, worms, backdoors, spyware), and ability to detect in real time vs. during a scan. Alex Quintana of Sandia National Labs also spoke about current trends in malware, in the most frightening talk of the conference. He talked about how malware has gone from something that attacks exposed servers on the Internet to something that individual clients pull to their machines from the Internet, usually via drive-by downloads. He demonstrated real examples of malware attacks via web pages and via Shockwave Flash, PowerPoint, and Word documents, and explained how one of his colleagues has coined the word "snares" for emails or web pages that lure individuals into targeted drive-by malware downloads. There was a wealth of interesting detail in his presentation, about trojans that use covert tunnels and hiding techniques, injecting themselves into other running processes, using alternate data streams, and obfuscated information in HTTP headers and on web pages. One trojan he described rides on removable media such as USB thumbdrives and runs when inserted into a PC thanks to Windows Autorun; it drops one component that phones home to accept instructions from a command and control server, and another that causes the malware to be written out on any other removable device inserted into the machine. It's a return of the old-fashioned virus vector of moving from machine to machine via removable media rather than over the network. From law enforcement, there were presentations from Melissa McBee-Anderson of the Internet Crime Complaint Center (IC3, another public-private partnership, which acts as a clearinghouse for Internet crime complaints and makes referrals of complaints to appropriate federal, state, , local, and international law enforcement agencies) and from various agents of the Cyber Squad of the Albuquerque FBI office. These presentations were somewhat disappointing in that they demonstrated how huge the problem is, yet how few prosecutions occur. For example, after the 2004 tsunami disasters, there were over 700 fake online charities set up to prey on people's generosity after a disaster, yet only a single prosecution came of it. In 2005, the number of fake online charities for hurricanes Katrina and Rita was over 7,000, yet only five prosecutions came of those, including one in Albuquerque. Yet even that "successful" prosecution led to no jail time, only community service and probation. Frank Abagnale's presentation also included some woeful statistics about prosecutions for white collar crime and check fraud that explicitly made the same point that was implicit in several of the law enforcement presentations. To IC3's credit, however, the showed an example of a link chart generated from their crime complaint data, a very tiny portion of which was brought to them by a law enforcement agency seeking more information, the rest of which came from multiple received complaints. That link chart showed many interconnected events by five organized fraud gangs. Ms. McBee-Anderson also reported on successful international rosecutions against individuals at Lagos, Nigeria's "walking Wal-Mart," where people were selling goods purchased with stolen credit card information and using forged cashier's checks. (I'm still amazed that anyone actually falls for the Nigerian online fraud schemes, but they do.) The conference did a good job of making clear some specific threats and offering recommendations on necessary (yet unfortunately individually insufficient) defenses. It's quite clear that relying solely on law enforcement to provide you with a remedy after the fact is a bad idea. It's essential that private enterprises take preventative measures to protect themselves, and use a layered, defense-in-depth approach to do so.

UPDATE (23 October 2022): Note that Frank Abagnale's life story of con artistry turned out itself to be a con, as documented in Alan C. Logan's book, The Greatest Hoax on Earth: Catching Truth, While We Can (2020).

Dirty Politician: Rick Renzi indicted

Arizona Republican Rep. Rick Renzi has finally been indicted, on 35 counts that include extortion, embezzlement, and money laundering. The investigation has been conducted by the FBI (working on priority #4, "combat public corruption at all levels"), the IRS, the U.S. Attorney's office, and the Department of Justice's Office of Public Integrity.

More InfraGard FUD and misinformation

Gary D. Barnett, president of a financial services firm in Montana, has written an article about InfraGard for The Future of Freedom Foundation, apparently inspired by the Progressive article. Thankfully, he avoids the bogus "shoot to kill" claims, but he introduces some erroneous statements of his own. It's apparent that he didn't bother speaking to anyone in InfraGard or doing much research before writing his article, which is another attempt to spread fear, uncertainty, and doubt about the program.

Barnett first goes wrong when he writes:

InfraGard’s stated goal “is to promote ongoing dialogue and timely communications between members and the FBI.” Pay attention to this next part:

Infragard members gain access to information that enables them to protect their assets and in turn give information to government that facilitates its responsibilities to prevent and address terrorism and other crimes.

I take from this statement that there is a distinct tradeoff, a tradeoff not available to the rest of us, whereby InfraGard members are privy to inside information from government to protect themselves and their assets; in return they give the government information it desires. This is done under the auspices of preventing terrorism and other crimes. Of course, as usual, “other crimes” is not defined, leaving us to guess just what information is being transferred.

First, there isn't a "distinct tradeoff." There is no "quid pro quo" required of InfraGard members. All InfraGard members get the same access to bulletins as the others, regardless of whether they share information back. There are some specific sector-oriented subgroups that share information only with each other (and such private groups also exist independently of InfraGard, such as the sector Information Sharing and Analysis Centers, or ISACs). The FBI may come to a company from time to time with specific threat information relevant to them (I've seen this happen once with respect to my own company), but that happens whether a company is a member of InfraGard or not. (Where InfraGard membership might give added benefit is that the FBI knows that the InfraGard member has undergone some rudimentary screening. There are companies that are set up and run by con artists, as well as by foreign intelligence agents, believe it or not, and where there is apparent risk of such a setup, the FBI is obviously going to be less forthcoming than with somebody they already know.)

Second, "not available to the rest of us" suggests that InfraGard membership is difficult to come by. It's not. I suspect Mr. Barnett himself could be approved, as could whoever does IT security for his company.

Third, there's no need to guess about the "other crimes." The FBI's own priority list tells you:

1. Protect the United States from terrorist attack. (Counterterrorism)
2. Protest the United States against foreign intelligence operations and espionage. (Counterintelligence)
3. Protect the United States against cyber-based attacks and high-technology crimes. (Cyber crime)
4. Combat public corruption at all levels.
5. Protect civil rights.
6. Combat transnational/national criminal enterprises.
7. Combat major white collar crime.
8. Combat significant violent crime.
9. Support federal, state, local, and international partners.
10. Upgrade technology to successfully perform the FBI's mission.

Some might question this list, in particular #5, on the basis of the FBI's past record, but my interactions with law enforcement lead me to believe that there are many who do take #5 quite seriously and would challenge and speak out against actions contrary to it. I was at an InfraGard conference in New Mexico yesterday at which an exchange occurred that went something like this:

Me: I work for a global telecommunications company.
He: You're not one of those companies that's been eavesdropping on us, are you?
Me: No.
He: Good.

"He" was a member of New Mexico's InfraGard--and a member of law enforcement. I'll have more to say about warrantless wiretapping in a moment.

The real issue with this list is that the top two are probably misplaced, and 6-8 (and #10!) have been suffering, as I've previously written about.

Barnett goes on:

Since these members of InfraGard are people in positions of power in the “private” sector, people who have access to a massive amount of private information about the rest of us, just what information are they divulging to government? Remember, they are getting valuable consideration in the form of advance warnings and protection for their lives and assets from government. This does not an honest partnership make; quite the contrary.

There are several key ways in which private industry helps the FBI through InfraGard. One is securing their own infrastructure against attacks so that it doesn't create a problem that the FBI needs to devote resources to. Two is by bringing criminal issues that are identified by private companies to the attention of the FBI so that it can investigate and bring prosecutions. Three is by assisting the FBI in its investigations by explaining what evidence that requires technical skills to understand means, and giving them guidance in how to successfully track down criminals.

Barnett goes on to talk about Rep. Jane Harman's bill in Congress, HR1955/S.1959, which I've also briefly commented on at this blog, and makes some significant errors of fact. He writes this this bill "if passed, will literally criminalize thought against government." That's false--the bill doesn't criminalize anything, it just creates a commission that will write a report and make recommendations. That commission has no law enforcement powers of any kind, not even the power of subpoena. Barnett also mistakenly thinks that this bill contains a reference to InfraGard. He writes:

S.1959, if passed, will be attached to the Homeland Security Act and InfraGard is already a part of the Department of Homeland Security. This is not a coincidence. Under section 899b of S.1959 it is stated:

Preventing the potential rise of self radicalized, unaffiliated terrorists domestically cannot be easily accomplished solely through traditional Federal intelligence or law enforcement efforts, and can benefit from the incorporation of State and local efforts.

This appears to be a direct reference to the InfraGard program.

The reference to "the incorporation of State and local efforts" into "traditional Federal intelligence or law enforcement efforts" in counterterrorism contains no reference to private partnerships, only to combining law enforcement efforts at federal, state, and local levels. This is a reference to what are called "fusion centers," like the Arizona Counter-Terrorism Information Center (ACTIC). The people who work in those centers are people from government agencies (at the federal, state, and local levels) with government security clearances. InfraGard in Phoenix does partner with ACTIC, which in practice means that ACTIC representatives give presentations to InfraGard (all of which I believe have also been open to the general public), ACTIC shares threat information with InfraGard much like the FBI does, and that InfraGard members are encouraged to report potential terrorist tip information to ACTIC. (ACTIC also encourages the general public to do this, which I think is far more likely to waste resources than identify any actual terrorists.)

Note that Barnett is mistaken when he writes that InfraGard is part of the Department of Homeland Security. InfraGard is not a government agency or part of a government agency--it is a non-governmental organization, or actually a collection of non-governmental organizations, which are 501(c)(3) nonprofits, with leadership provided by board members who are InfraGard members. Each chapter has a coordinator from the FBI who is not on the board. The FBI provides guidance and suggestions, but the organizations are run by the boards.

Now Barnett goes into Matt Rothschild territory when he writes: "I’m just speculating, of course, but is it possible that InfraGard will be a domestic police and spying arm for the government concerning “thought crime”?" It's not just speculation, it's uninformed speculation. InfraGard is not part of government and has no police powers of any kind. I've previously addressed the degree to which I think the "spying" is a risk--I think it's relatively low, but worth talking about.

Barnett continues in a Rothschild vein when he says "InfraGard, on the other hand, is an organization cloaked in secrecy. It holds secret meetings with the FBI." This talk of InfraGard being "cloaked in secrecy" is grossly exaggerated. The group has fairly open membership and most meetings are open to the public. When there are meetings restricted to membership, those typically wouldn't be accurately described as "secret meetings with the FBI." I and other members of InfraGard have had private meetings with FBI agents with respect to particular investigations, but it would be inaccurate to describe those as "InfraGard meetings." Law enforcement by its very nature requires a high degree of confidentiality for ongoing investigations, but it is a mistake to infer that this means conspiratorial plotting or spying.

Towards the end of his article, Barnett talks about warrantless wiretapping, telecom immunity, and the secrecy of InfraGard membership:

Considering the recent attempts by President Bush and his administration to protect many telecommunications companies and executives from prosecution for releasing private information, how many of the top telecom executives are members of InfraGard? I, for one, would be very interested in this information, but alas, it is not public information; it is secret.

What's the sense in which InfraGard membership is secret? Only in that it's not made available to the general public. Barnett writes that "no one outside InfraGard is to know who is a member unless previous approval has been given," but this is his misinterpretation of a guideline he quotes, not what it says. There's nothing prohibiting an InfraGard member from identifying themselves as such, only from identifying others as such without their consent. And if you're going to speak on behalf of InfraGard, you need to get approval from the organization first. (And note that I'm not speaking on behalf of InfraGard here, and have had no approval from InfraGard for what I've written on my blog.) If you're an InfraGard member, you have access to the online directory of InfraGard members. If Barnett is really interested in knowing who is a member, all he has to do is join.

As for "how many of the top telecom executives are members of InfraGard," I haven't looked, but I would be willing to wager that the answer is none. I know that none of the members of the "Senior Leadership Team" of my company are members of InfraGard, though my boss, our VP of Global Security, heads the Rochester, NY chapter of InfraGard. Senior executives of large corporations don't have time or interest to belong to InfraGard, and it's not really geared to them, as opposed to members of their physical and IT security organizations.

And as for warrantless wiretapping (I said I'd get back to it), InfraGard has nothing to do with that and it's foolish to think that it would. That activity has involved direct relationships between incumbent telecom providers (AT&T certainly, and probably Verizon as well) and the National Security Agency, with information restricted to employees holding government security clearances on a "need to know" basis, as the ACLU and EFF lawsuits have revealed. These relationships also probably include commercial relationships, and have included movement of personnel from one to the other--for example, AT&T has a Director of Government Solutions who came from the NSA. InfraGard members, many if not most of which hold no government security clearances, are not in the loop on that activity. (For that matter, I suspect few FBI personnel are in the loop on that, either.)

I find it discouraging that articles like Barnett's are written and published. Such inaccurate information serves to distract from real issues and real government abuses and to discredit those who repeat it, when they have other things to say that are worth hearing, paying attention to, and acting upon. I hope that Barnett and FFF will strive for greater accuracy in the future.

Canada busts 17 in botnet ring

This morning Canada arrested 17 people of ages ranging from 17 to 26 years old for running botnets containing "up to one million computers" in 100 countries. They face charges that could result in up to 10 years in prison.

This barely scratches the surface of online criminal activity. Niels Provos of Google did a study (PDF) that found that of 4.5 million websites scanned between March of 2006 and February of 2007, 450,000 of them attempt to load malware on visiting machines. Sophos' similar survey in July of last year that found that 29% of websites host malware, 28% host porn or gambling content, and 19% are spam-related. Drive-by malware installations (where merely visiting a website causes malware to be loaded onto your machine) are definitely the method of choice for creating botnets today. I recommend using Firefox with the NoScript plugin and the MyWOT plugin to help prevent getting infected by such sites.

Tomorrow, I'll be attending a New Mexico InfraGard conference at which I hope to learn more about recent malware trends (and get my copy of Catch Me If You Can and/or The Art of the Steal autographed by their author). This is another one open to the general public, so I expect no talk about "shoot to kill" powers except in jest.

UPDATE (February 22, 2008): I'm quoted in Brian Jackson's article on the Quebec botnet hacker bust on itbusiness.ca. I'm not entirely happy with the quotes attributed to me--I didn't say "tens of millions," though I said there have been botnets with more than a million hosts, and there are multiple millions of compromised hosts out there. If tens of millions is not accurate today, it will be in the future. The other quotation about IRC got a little bit garbled, but is not far off--I made the point that the bots of today have evolved from a combination of IRC bots of the past combined with denial of service attack tools, remote access trojans, and other malware, and many of them still use IRC as their mode of communication.