Hacked Opinions: The legalities of hacking – Casey Ellis

Casey Ellis, from Bugcrowd, talks about hacking regulation and legislation

Casey Ellis talks about hacking regulation and legislation with CSO in a series of topical discussions with industry leaders and experts.

Hacked Opinions is an ongoing series of Q&As with industry leaders and experts on a number of topics that impact the security community. The first set of discussions focused on disclosure and how pending regulation could impact it. This week CSO is posting the final submissions for the second set of discussions examining security research, security legislation, and the difficult decision of taking researchers to court.

hacked opinion small Thinkstock

CSO encourages everyone to take part in the Hacked Opinions series. If you have thoughts or suggestions for the third series of Hacked Opinions topics, or want to be included as a participant, feel free to email Steve Ragan directly.

What do you think is the biggest misconception lawmakers have when it comes to cybersecurity?

Casey Ellis, CEO, Bugcrowd (CE): The biggest misconception lawmakers have is that creating legislation for cybersecurity can be approached in the same way as it is done in the physical realm. Typical legislation is built with certain prerequisites for effectiveness, most of which require a physical presence and a physical jurisdiction. The Internet blurs those to the point where they should be treated as if they don't exist.

What advice would you give to lawmakers considering legislation that would impact security research or development?

CE: Measure twice, cut once. Listen to the community of experts that are already at the table to help, and put real effort into understanding how this community interacts with your constituents and your economy to make it safer. Despite the fact that we may present like scary hacker people, we want the same things you do when it comes to the safety of the Internet and it's users; we’re on the same side here.

If you could add one line to existing or pending legislation, with a focus on research, hacking, or other related security topic, what would it be?

CE: I was asked this question before the changes to the DMCA. I was going to say I'd like to see exemptions for copyright and reversing laws made available for good-faith security research. I guess the Copyright Offices ears were burning.

Now, given what you've said, why is this one line so important to you?

CE: I fear ambiguity between hacking law and copyright law, creating a condition where the legality or illegality of a researcher can be determined by the vendors before the fact. This has great potential to send the industry underground, which is not a good outcome.

Do you think a company should resort to legal threats or intimidation to prevent a researcher from giving a talk or publishing their work? Why, or why not?

CE: It depends. If the bug is fixed and the term of engagement was responsible disclosure, then definitely not. If the researcher was engaged with an agreement of non-disclosure before the fact, then definitely yes. Those are the easy ones. Then there's this extremely blurry bit in the middle, which ultimately should never be necessary.

What types of data (attack data, threat intelligence, etc.) should organizations be sharing with the government? What should the government be sharing with the rest of us?

CE: Corporate to government data including known bad actors (identity, IP, netblock, etc.) and threat intelligence in the form of bad actor activity. Vulnerabilities are a tricky one because corporations have to trust the government to do the right thing with them, but ultimately patterns that suggest 0-day or 0-day behavior should be shared as well.

I believe everything the government aggregates from the corporate world should be shared back, but the unfortunate tendency with stuff like this is someone comes in and deems it classified once the data set reaches a critical mass. This is a known issue in government circles and I'm hopeful that it will change at some point, but I don't expect anything soon.

Join the CSO newsletter!

Error: Please check your email address.

Tags Hacked Opinions

More about CSOQ

Show Comments

Featured Whitepapers

Editor's Recommendations

Solution Centres

Stories by Steve Ragan

Latest Videos

  • 150x50

    CSO Webinar: The Human Factor - Your people are your biggest security weakness

    ​Speakers: David Lacey, Researcher and former CISO Royal Mail David Turner - Global Risk Management Expert Mark Guntrip - Group Manager, Email Protection, Proofpoint

    Play Video

  • 150x50

    CSO Webinar: Current ransomware defences are failing – but machine learning can drive a more proactive solution

    Speakers • Ty Miller, Director, Threat Intelligence • Mark Gregory, Leader, Network Engineering Research Group, RMIT • Jeff Lanza, Retired FBI Agent (USA) • Andy Solterbeck, VP Asia Pacific, Cylance • David Braue, CSO MC/Moderator What to expect: ​Hear from industry experts on the local and global ransomware threat landscape. Explore a new approach to dealing with ransomware using machine-learning techniques and by thinking about the problem in a fundamentally different way. Apply techniques for gathering insight into ransomware behaviour and find out what elements must go into a truly effective ransomware defence. Get a first-hand look at how ransomware actually works in practice, and how machine-learning techniques can pick up on its activities long before your employees do.

    Play Video

  • 150x50

    CSO Webinar: Get real about metadata to avoid a false sense of security

    Speakers: • Anthony Caruana – CSO MC and moderator • Ian Farquhar, Worldwide Virtual Security Team Lead, Gigamon • John Lindsay, Former CTO, iiNet • Skeeve Stevens, Futurist, Future Sumo • David Vaile - Vice chair of APF, Co-Convenor of the Cyberspace Law And Policy Community, UNSW Law Faculty This webinar covers: - A 101 on metadata - what it is and how to use it - Insight into a typical attack, what happens and what we would find when looking into the metadata - How to collect metadata, use this to detect attacks and get greater insight into how you can use this to protect your organisation - Learn how much raw data and metadata to retain and how long for - Get a reality check on how you're using your metadata and if this is enough to secure your organisation

    Play Video

  • 150x50

    CSO Webinar: How banking trojans work and how you can stop them

    CSO Webinar: How banking trojans work and how you can stop them Featuring: • John Baird, Director of Global Technology Production, Deutsche Bank • Samantha Macleod, GM Cyber Security, ME Bank • Sherrod DeGrippo, Director of Emerging Threats, Proofpoint (USA)

    Play Video

  • 150x50

    IDG Live Webinar:The right collaboration strategy will help your business take flight

    Speakers - Mike Harris, Engineering Services Manager, Jetstar - Christopher Johnson, IT Director APAC, 20th Century Fox - Brent Maxwell, Director of Information Systems, THE ICONIC - IDG MC/Moderator Anthony Caruana

    Play Video

More videos

Blog Posts