Spyware Maker Indicted on Hacking Charges 233
An anonymous reader writes "The San Diego Union-Tribune is reporting that Carlos Enrique Perez Melara, the author of an investigative tool called 'Lover Spy,' has been indicted on 35 counts of federal hacking violations. This begs the question: if you develop and sell a software product, are you responsible for what your users choose to do with it?" From the article: "Perez, a native of El Salvador, probably is in the Los Angeles area, said Stewart Roberts, the second highest-ranking agent at the San Diego FBI office. Crime Stoppers has offered a $1,000 reward. Perez is charged with 35 crimes, each of which carries a potential five-year prison sentence if he is convicted. "
I think you mean... (Score:3, Informative)
Re:I think you mean... (Score:3, Insightful)
No, it doesn't, grammar nazi.
Re:I think you mean... (Score:2, Informative)
So it still sounds like it
try again... (Score:4, Informative)
Re:I think you mean... (Score:4, Informative)
Thank you! I was just as annoyed, and so went off to research rather than try for a first post. Thus, an explanation [worldwidewords.org].
Re:I think you mean... (Score:3, Funny)
Re:I think you mean... (Score:3, Funny)
Re:I think you mean... (Score:2)
Re:I think you mean... (Score:2)
Stop appealing to the least common denominator.
Re:I think you mean... (Score:2)
true, true and irrelevant (Score:2, Insightful)
Re:true, true and irrelevant (Score:3, Interesting)
In my brain it always (raises the question as t
Re:true, true and irrelevant (Score:2)
Re:true, true and irrelevant (Score:2)
Re:true, true and irrelevant (Score:3, Insightful)
Really. That is exactly the point. Any time someone pulls the "you're being a snob about the language" argument, this is the best and most reasonable answer.
The real meaning of the term is obscure, but that is no excuse for allowing people to misuse the term while trying to talk fancy.
Re:true, true and irrelevant (Score:2, Funny)
Too right. When asked if someone was hot, the only answer I could give was that I hadn't had the opportunity to take her temperature.
Re:true, true and irrelevant (Score:2)
The "plain English" meaning makes sense only in that many uninformed people, if forced to choose, may indeed choose it. But "beg the question" is so obviously idiomatic that those same people should recognize that it ought to be looked up...
Meanwhile, voluntarily employing a fancy phrase that one's not certain of is ill-advised on so many levels...
Re:true, true and irrelevant (Score:2)
Your retort is clear, elegant, and utterly wrong.
Re:true, true and irrelevant (Score:2)
Re:true, true and irrelevant (Score:5, Insightful)
Logic is not an obscure technical field of some kind, it's an absolutely necessary core function for a free human being. If you don't understand it, you need to improve yourself, not make excuses.
Furthermore, your proposed 'simple English' meaning for the phrase doesn't stand up to the most cursory examination. 'Begs' is never used in English to mean 'demands' although it can be used as an antonym for demands, among other senses. So your 'simple English' parsing makes no sense in English at all.
The fact is, your 'simple English' parsing is simply an incorrect one, and transparently so to any native English speaker of moderate skill and a token amount of thoughtfulness. It doesn't make sense, it never made sense. Using the phrase in that way is nothing more than a way to advertise to everyone in earshot 'look at me, I like to use big words I don't understand.'
Re:true, true and irrelevant (Score:2)
Please don't confuse arcane, badly translated latin with logic. The phrase "begs the question" is useful primarily in *obscuring* the field of logic, not illuminating it.
'Begs' is never used in English to mean 'demands' although it can be used as an antonym for demands, among other senses.
'Begs' and 'demands' are antonyms in that they are opposite ways to forcefully ask -- 'asks' is neutra
Re:true, true and irrelevant (Score:4, Insightful)
The fact is, it's arcane, and noticeably so. No one is going to spontaneously coin that phrase to mean 'raises the question' - it's far too awkward, it just doesn't parse, it doesn't make any sense. Because it doesn't parse, it's obviously a fixed phrase. This is an obvious clue that you shouldn't use it unless you're sure what you're saying. Ignoring that clue and charging ahead to use a phrase like that without bothering to understand it first is not behaviour which reflects well on a person, and not behaviour to be emulated. But some idiot back in the 80s did charge ahead with it, and far too many more have been happily emulating him or her since then. This is one little corner of a deeply disturbing phenomenon [resort.com] that deserves to be resisted at every turn.
Like it or not, language matters. Sloppy language both leads to and is a sign of sloppy thinking. No matter how popular a particular bit of sloppiness may be, it's still both possible and worthwhile to resist it.
Re:true, true and irrelevant (Score:3, Interesting)
Because of context. It could have said 'that xoids the fragnit' instead, and we would have been able to figure out what the writer was trying to say.
Re:I think you mean... (Score:3, Funny)
Irregardless, there's a whole nother argument that English should be allowed to transmorph as new usage becomes common. In this case the new meaning of "Begging the question" seems cromulent enough.
How do you think we got this language in the first place? Perhaps you'd prefer French. However, even they have blue jeans and 'ot dogs now...
Re:I think you mean... (Score:3, Funny)
Re:I think you mean... (Score:3, Funny)
Re:I think you mean... (Score:2)
Re:I think you mean... (Score:3, Insightful)
Ah, the dangers of half an education.
Your sense of "beg the question" is the result of a wretched 16th-century translation of Aristotle into English. His phrase would have been better expressed as "claiming the principle." This news item's use of the phrase is now accepted by several dictionaries and other authorities.
Uh, backorifice is not "spyware" (Score:5, Informative)
Anyway, I find it funny that people are being prosecuted for creating tools like this at the exact same time that the government's use of tools like this is on the rise.
Re:Uh, backorifice is not "spyware" (Score:5, Informative)
This program hides itself as a greeting card program, that you only look at once, and then sets up a spy-app in the background, which is more akin to a trojan horse than normal spyware (such as gatorsoft crapware), especially since it has the ability to launch a webcam.
It's implicit for what this app is used for, and the creator deserves to get his ass handed to him for selling the product (89 bucks? christ!). Everyone who says he wasn't the one using the app should RTFA. The trojan was installed through a greeting card from email, in otherwords from the merchant himself. He also received the same information his clients got (therefore was using the applications also). Not only that, but he deserves to be charged with spam offenses.
He did far more than sell software (Score:5, Interesting)
From the article, he collected all the information that was being sent to his clients. So he didn't just sell the software, he was collecting information that could have been used for identity theft, credit fraud, blackmail, etc.
This wasn't a simple case of selling software with the potential for abuse -- the retailer himself was one of the abusers.
No. You read it. (Score:3, Informative)
This is creating a selling a product that sole purpose is to commit a crime.
Re:Uh, backorifice is not "spyware" (Score:4, Insightful)
Do works like hacking have meanings too?
Wake me up... (Score:2)
Re:Uh, backorifice is not "spyware" (Score:2, Interesting)
Re:Uh, backorifice is not "spyware" (Score:2)
New to slashdot, are you? Though you can hardly read a comment without tripping over links to idealogical wikipedia articles, you'll rarely see links off to dictionary.com or m-w.com. Hence, you rarely see words like "proprietary," "evil," "corporate," or "profit," etc., used in any sort of useful context. Words, as used on slashdot, have so much spin and baggage tied to them, that you have to go meta in order to discern what someone is actually trying to say. That's bad enough in the
Re:Uh, backorifice is not "spyware" (Score:2)
It's quite useful, as I don't have to install it on each machine, and I can just script install and pop up vncviewer when I need to remote connect
Why should you not be responsible? (Score:4, Insightful)
If you create a nuclear weapon, you should not sell it to North Korea. If you create a tank, selling it to Iran surely would not increase your merits in the western societies. If you sell guns to teenagers, you are a criminal and - as far as I am concerned - partly responsible if those teenagers start shooting their classmates.
Why of all things should you not be responsible for creating a software intended for potentially criminal purpose (here: spying on users) and giving it to people who will use it? Following this logic of non-responsibility, worm writers should not be persecuted, because the damage their creations have done was not their immediate fault.
Uhhh (Score:2)
In the same way we treat real-world devices designed for and capable of killing very large numbers of people?
Hmm.
Re:Uhhh (Score:2)
Re:Uhhh (Score:2)
Yes, I think there are and should be a limit to "free speech". Not because I do not believe in freedom, but I because freedom can be destroyed by t
Re:Uhhh (Score:3, Insightful)
Freedom can't be destroyed by too much freedom, rather, by the abuse of it. In the ideal world, there would be no danger in open-sourcing schematics of dangerous machinery because no one would abuse that information to try and harm others. Restrictions on freedom (laws and punishments) are only justifiable because people abuse their freedom.
A big problem with a lot of Slashdotters - and a non-negligible portion of the general public - is that they r
Re:Uhhh (Score:5, Insightful)
Re:Misleading... (Score:2)
While this may be true in the U.S., it is not true everywhere. I remember a case in Ontario, Canada wh
Re:Why should you not be responsible? (Score:2)
(well actually, I didn't, but I've been told that they used nmap in that movie)
Re:Why should you not be responsible? (Score:2, Informative)
Do you mean kinda like like how Donald Rumsfeld [zmag.org] sold WDMs and US-made Helicopters to Saddam?
Re:Why should you not be responsible? (Score:2)
Now I know it's really really cool to bash the President and Vice President these days, and I even know that it's really really really cool to do it by just making crap up. What I didn't know was that I could make crap up, then link to an article that doesn't even support my assertions in order to becoe cool. That's just awesome!
Or did you do such a horrible job of reading that (poorly written) article you l
Re:Why should you not be responsible? (Score:2)
I'm no fan of the current administration, but when you make false claims (and then link to a source that shows your claim to be false!) you accomplish little but to discredit yourself and your position.
Nothing to do with giving out software! (Score:3, Informative)
It's not that. Many people who (of course) haven't RTFA miss the point. This isn't software which someone buys and then installs on their target's computer themselves. What they do is sign up at the site and then have that site send out an email with "You have a greeting card..." message. The victim clicks on the link to the web
Re:Nothing to do with giving out software! (Score:3, Insightful)
Re:Why should you not be responsible? (Score:2)
Those cars are used to kill people (often inadvertantly, often through inexperience, speed, etc, and sometimes maliciously), yet car manufacturers haven't been brought into the courts and tried for their crimes...
Many create knives. Some knives are designed to be good at killing things; hunting knives. When was the last time a knife maker was in court because his product was used to kill a person?
It's kind of akin to DVD John; he did not
Re:Why should you not be responsible? (Score:2)
Your logic is a bit fuzzy. This type of thing needs a judge to decide whether or not the gray area is more white or black.
Re:Why should you not be responsible? (Score:3, Informative)
You've missed my point.
There are tools, and there are weapons. A tool like for network testing does exactly this: network testing. Spyware or more specificaly trojans like the one mentioned in the FA, are buiold to spy. Worms are build to destroy or to do other criminal deeds such as - for example - spam or doing DDOS attacks.
I have nothing against tools to create - but I think writing malicious things and releasing them should result in some part of liability for the creator if his/her creation is actuall
Re:Why should you not be responsible? (Score:2)
Re:Why should you not be responsible? (Score:2)
Re:Why should you not be responsible? (Score:2)
Please enlighten me: How can a software as described in the article be used beneath for spying?
Re:Why should you not be responsible? (Score:2)
WMD are chemical, biological, or nuclear weapons. If it ain't one of those three, IT'S NOT WMD.
Re:there's a reason he's not responsible, actually (Score:3, Insightful)
reward (Score:4, Funny)
I'll bring him in for free... (Score:3, Funny)
and we'll call it even
I mean, my friend says he'll bring the guy in and he and the feds can call it even...
Re:reward (Score:2)
The name says it all (Score:5, Insightful)
Are there legitimate uses of this code? If so, then why didn't the author market it strictly for those uses and name it something a little less felonious than "Lover Spy?"
Re:The name says it all (Score:2)
Re:The name says it all (Score:2)
Which is exactly what the supreme court said in the MGM vs. Grokster case. If you promote your product for illegal use, then you can be liable for that.
Maybe he deserves it? (Score:2)
Re:Maybe he deserves it? (Score:2)
This is an exploiting trojan (Score:4, Interesting)
TFA doesn't explain this very well. Couldn't find an antivirus page about it, but here's another page [spywareinfo.net] mentioning the tool.
You didn't look very hard (Score:2)
A simple google search for "Lover Spy" included Symantec's reference to it on the first page of results. See http://securityresponse.symantec.com/avcenter/ven c /data/spyware.loverspy.html [symantec.com] for details.
Note also that it's been detected since October 2003, so I really don't have that much sympathy with the victims. The guy who sold this software deserves far worse than arrest and incarceration, but the victims who claim they had current anti-virus software updates installed are full of it.
And McAfee's info (Score:2)
McAfee also has detected this issue since 2003, see http://vil.nai.com/vil/content/v_100716.htm [nai.com]
This one was tougher to find. I had to go to McAfee's site and use their virus information database search tool instead of google.
Apologies - My mistake (Score:2)
I hadn't caught the bit in the article about the "company" that sold the software being shutdown in October 2003 -- a couple of weeks before Symantec and McAfee released detection of the problem.
So my apologies to the people who had current AV software but got burned.
Grrr.. That "hacking" term-abuse again (Score:2, Interesting)
Yes, I know they mean that differently, but once laws outlaw "hackers", I wouldn't want to be counted as one..
Truth is in the eyes of the power-holder..
Re:Grrr.. That "hacking" term-abuse again (Score:2)
Why? Laws that use words with debatable definitions always define that word in that law's namespace. You can have a law that outlaws...mofos, for example, provided there's something that says "Section 5. A 'mofo', as used in this act, means someone who runs a red light while driving on the wrong side of the street and talking on a cell phone." People who actually fo their mo are completely immune fom
Dislaimer and Intent (Score:5, Informative)
No this trial doesn't mean coders are responsible for their users' actions, just responsible for how they say their program should be used
On a side not, this company started in 2001 - took 4 years for the FBI to notice & catch him. Kind of funny.
Intent is part of it (Score:2)
Now there's really not any substantial legal use for that. Sure you could come up with some extremely unlikely scenario but generally speakin
Re:Dislaimer and Intent (Score:2)
Concerning Responsibility... (Score:5, Insightful)
The question boils down to the intent of the author. If the program, when considered as a whole, cannot be reasonably construed to have alternative non-damaging or benign uses then it serves to demonstrate the malicious intent of the author and therefore it becomes possible to assign some responsibility for the actions of users to the original author(s). Software engineers, like other engineers, must have some code of ethics that governs the standard and intent of the programs that we produce. If you write a virus, worm, spam ware, or other "evil" type of application then you are responsible for the damage you cause to other people. You cannot demonstrate vulnerabilities or exploit code to prove a point while damaging other people's property in the process. In this case it seems that the author in question, Carlos Enrique Perez Melara, is indeed responsible for malicious intent in the collateral damage that his software caused.
According to the Supreme Court you may be guilty (Score:2)
Re:According to the Supreme Court you may be guilt (Score:3, Informative)
This is a blatant and gross misrepresentation of the SCOTUS decision you mention. What it took in that case, was quite a load of evidence that the companies in question deliberately planned to profit, albeit indirectly from illegal uses.
Re:According to the Supreme Court you may be guilt (Score:3, Informative)
email? (Score:2)
How does reading plain text let someone into your computer?
Re:email? (Score:3, Informative)
This case does nicely show why e-cards are so potentially dangerous though.
Similair case in Israel (Score:2, Informative)
It seems, the authors of the spying tool used in this case, were arrested in the UK and are being turned over to Israel [ynetnews.com] for justice.
This raises the same moral question, whether an author of the tool is responsible for the way it's being used.
Should Fire Arms companies be held responsible whenever someone uses their branded rifle to commit a crime?
Re:Similair case in Israel (Score:2)
35 times 5 years? (Score:5, Insightful)
You can get less for killing a man. No wonder the prisons are already full.
Perhaps it's time to realize that it's not always the solution to lock people up for what they have done.
Re:35 times 5 years? (Score:2)
It's the same as making and selling "Break & Enter" brand crowbars, "Guaranteed to get you into anybody's house to steal all their stuff".
Re:35 times 5 years? (Score:2)
Besides the program infected the computer only if the end user opened the email and ran the virus code.
This is more of a case for how to get peoples attention on not to open anything non-text that comes through your email.
I think his sentence should be something like community service by going to different schools and talking to children about what might happen when they
open innocent looking goat.cx link or run program they got from someone via
Re:35 times 5 years? (Score:2)
Hrmmm... (Score:4, Insightful)
Justice Souter may answer your question ... (Score:2, Informative)
Re:Justice Souter may answer your question ... (Score:2)
According to that ruling, the ISPs are (or at least were) promoting uses of there products which could be illegal. This is assuming people were using the service to download illegal MP3s.
Hardware (Score:3, Insightful)
Re:Hardware (Score:2)
100% Offtopic
The topic is the maker of a product being held liable for others' use of it to damage people. My post is about gun makers getting special protection from exactly that kind of liability.
TrollMods should hold guns to their heads to understand them better, then take their chances.
Why hasn't Gator, or whatever been arrested? (Score:2, Interesting)
Operating systems (Score:2, Funny)
The Grumpy Grammarian speaks ... (Score:3, Informative)
Begging a question is asking a question that implicitly assumes something is true that the author is trying to get you to believe. See also http://www.wsu.edu/~brians/errors/begs.html [wsu.edu]
That would make the sentence mean you are responsible for what your users choose to do with it, which is arguably false.
--dave
Re:Use of Hacker (Score:3, Interesting)
Re:Use of Hacker (Score:3, Insightful)
Hacking has been used to mean breaking into a computer system for decades. People are trying to change this term to cracker, not the other way around, as you suggest with "It is the media that is poisoning the word"
Re:That's a very good question. (Score:2)
>> if you develop and sell a software product, are you responsible for what your users choose to do with it?
That's a good question. Why don't you write Dr. Kevorkian a letter and ask him what he thinks?
That doesn't make a lick of sense. Dr. Kevorkian advertised and performed euthenasia. As good-intentioned as he may have been, what he did was illegal.
I want to preface this with the fact that I'm not defending spyware authors. I hate that crap with a passion, but I feel this issue should be addressed.
T
Re:That's a very good question. (Score:2)
My understanding of Kevorkian's case is that he never performed euthanasia, he merely facilitated other people's efforts to end their lives be building simple contraptions that they could easily use to do so. Maybe I read wrong.
But in this way, I still think I have a valid, if unsophisticated, point. Can anyone construct and distribute anything that they want without
Re:I'm positive this guy made money. (Score:2)
I'm much less "amazed" by the number of people who "have no problem" doing it though, when I look at the bigger picture. In *every* instance I can think of, it involved somebody who already had reasonable suspicion that the other person was cheating on them, lying to them,