Legality of Simple Vulnerability Tests

I was discussing the legality of common vulnerability tests with @alexmuentz and he surprised me by saying that even adding an apostrophe to the end of a URL to detect a SQLi could be regarded as an offense under 18 U.S. Code 1030 (the Computer Fraud and Abuse Act):

http://www.law.cornell.edu/uscode/text/18/1030

Here are the relevant sections:

(a) Whoever--
(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains--
(C) information from any protected computer;
shall be punished as provided in subsection (c) of this section.

(e) As used in this section--
(2) the term "protected computer" means a computer--
(B) which is used in or affecting interstate or foreign commerce or communication...

So this means that any server on the Internet is protected, because it is used in interstate communication, and any act intended to gain information about a vulnerability is an offense, unless you are authorized to perform vulnerability scans.

But isn't there a question of intent? There is, but it's not a helpful one for security researchers--if your intent is to discover a vulnerability, you are violating the CFAA. You don't need any intent to cause harm or defraud.

As many others have said, I see this as a serious problem, making many common and important research activities illegal, such as Robert Graham's Bash 'shellshock' scan of the Internet.


Posted 10-4-14, 10:35 am, by Sam Bowne