Anyone using a computer within the last few years has heard of a
succession of disabling viruses and defaced web sites.
"I Love You", "Melissa", "Red Worm" and the defacing of such well-known
web sites as the CIA, Road Runner, Microsoft and NASA have raised the
awareness of the need for vigilance in the protection of our computer assets.
These are the disabling attacks where the victim loses a hard disk or
customers, or gets calls from mad friends who were gratuitously infected
by a virus-infected email. As bad as these symptoms are, the greater
danger could be an infection with no symptoms. The reality is: - Even
protected computer systems are subject to attack. - Under a determined
attack most computer systems can be compromised. - There is a heightened
exposure to attack from insiders, especially to those with system responsibilities. -
The most damaging attacks can be those where the existence of the attack is
hidden. - There is potential legal liability for having a vulnerable system.
Almost all computer infections are due to either computer vulnerabilities or
"Trojan horses" or a combination of the two. Over the years computers and
common programs have been found to have "vulnerabilities", or features that
potentially could be used by other parties to the detriment of the computer.
Not all systems are equally susceptible, but in congressional testimony one
research center said they expect to generate well over 2,000 vulnerability
reports by the end of 2001 . We can see there is a wealth of possibilities
for a "hacker". Many of these vulnerabilities can be exploited without the
computer user's knowledge or cooperation, allowing a computer with a network
interface to be controlled through outside commands over the network.
A "Trojan horse" is an innocent-looking program containing some
hidden code that exerts some unwanted control of the computer. This
requires the cooperation of the computer user to run the program. Often this
program exerts the control by utilizing some vulnerability in the computer
as when the mere opening of an innocent-looking Word document activated
the Melissa Virus, opening of any Excel or PowerPoint document malformed in
a particular way allows computer corruption without any notification , or
the reading of an email installs the BubbleBoy worm. The Trojan horse
programs look like any other game, utility or message, and can only be
known as dangerous by reputation or by some feature caught by a virus-scanning
program. Automated computer programs have been written, called "scanners"
or "probes", to search for the vulnerabilities or configurations that
are corruptible. As a research project, one group put a set of eight
ordinary-looking but highly monitored systems on the Internet and did not
advertise their presence . Over a one-month period they averaged seventeen
scans each day. With an ordinary Windows98 system like that used in many
homes and companies, the system suffered five successful attacks in four days.
The automated programs for scanning, compromising, and extracting information
from a computer are easy to use and freely traded within some computer
communities. Congressional testimony showed that while the degree of
sophistication of the computer attacks has been increasing each year, the
computer knowledge required by the intruders has actually been decreasing each
year due to the wide availability of automated hacking tools. Reports of young
computer operators who entered supposedly sophisticated systems are legion,
such as the case of a 14-year-old who had been hacking since the age of eight
and who used his home computer to enter an Air Force satellite-positioning
system and crack at least 200 companies . This means that those capable of
attacking you are a larger percentage of a growing Internet population. Within
companies, employees who wish to look deeper within their own networks start
with the advantage of physical access to the computers, knowledge of the system
and possibly incentive. Thanks to the automated hacking tools, a larger
percentage of your employees is now capable of attacking your system. Inside
attacks are also a problem if a company has any computer connected to a modem,
has disgruntled former employees who may have corrupted a computer before
leaving, or has employees who bring in floppy disks or laptops that have been
connected to other systems. The situation is worse when the intruder has
intimate knowledge of or responsibility for the system administration. About
twenty percent of the federal prosecutions for computer intrusions involved
system programmer employees, IT administrators, or employees with
administrative level access to the computer , even though these should be
the intruders hardest to discover. One would think that the larger companies
would be on top of this situation. According to the 2001 annual "CSI/FBI
Computer Crime and security Survey" , with responses from 538 computer
security practitioners in mostly large U.S. corporations and government
agencies, only one quarter of the respondents thought that within the last
year they had no unauthorized use of their computer systems. As Figure 1
shows, this is in spite of the widespread use of protection measures within
their systems. It is important to note that in this survey about two-thirds
of respondents who had experienced computer intrusions did not report their
damage to law enforcement, mostly fearing negative publicity. Another
interesting figure from the CSI/FBI survey was the estimated loss from
those who could quantify the figure. For theft of proprietary information,
financial fraud and telecom fraud, the average losses were estimated to
be $4.4 million, $4.4 million and $0.5 million, respectively. Unlike the more
publicized virus attacks that are purely destructive, these were the
attacks for the financial gain of the attacker and represented about
two-thirds of the annual losses. While the disruptive attacks get more
press, the stealthy intrusion into company files is much more damaging.
Without disconnecting and locking up a computer, the security of a computer
and its data cannot be guaranteed. On October 27, 2000, Microsoft reported
that its system had been hacked and some of their source code exposed. It has
been reported that the intruder was undiscovered inside their system for
at least two weeks using a "Trojan Horse" imported through an
employee's home system . The source of the attack was in Russia, so prosecution
or tracking of the perpetrator is unlikely. In August two former Cisco
employees pled guilty charges that they "exceeded their authorized access to
computer systems at Cisco" to fraudulently transfer approximately
$7,868,637 in stock to their accounts . Areas of legal liability that could
attach to computer intrusions include privacy violations from the disclosure
of confidential information you have collected, damages to outside parties
resulting from the unauthorized use of your computer, and the contractual
damages from the disclosure of other company's proprietary information in
your custody. The U.S. Federal Trade Commission state that companies should
take reasonable precautions to protect personal information from loss, misuse
and unauthorized access, disclosure, alteration and destruction. The E.U. has
raised this to a legal requirement for those American companies with a
European presence. Negligence liability for privacy invasions requires a
foreseeable threat and the lack of a "reasonable" response to the
threat. As has been shown, the threat of unauthorized intrusions into data is
certainly foreseeable, so the issue is the reasonableness of your protection
against the intrusion. It is questionable if the failure to protect
unencrypted data against a known vulnerability with a known cure
is "reasonable". Often the theft of private information, such as
customer credit card numbers, has been followed by a demand for extortion
money for not publishing the information. A similar negligence issue is
present when lack of computer security allows an attacker to hijack a
computer and use it, for instance, as a participant in a denial of services
attack on a third computer. In addition a company's duty to protect
information under most nondisclosure agreements to protect information is at
least a "reasonable degree of care". If the company is negligent in
its security this is a higher standard than that used to protect its own data.
Another uncertain question is a company's liability for negligent disclosure
of information required by the SEC to be kept confidential. The computer
owners can claim they were victims of a malicious attacker, but that argument
may fail when a sympathetic jury chooses between an unknown computer in Bosnia
and a "deep pockets" corporation. An interesting new wrinkle is the EU
Convention on Cybercrime , signed on November 8, 2001, which prohibits the
possession or use of hacking tools, industrial espionage and interfering with
another's computers. This convention includes a provision providing for
civil, criminal or administrative corporate liability where "the lack of
supervision or control" of an employee allows the commission of these
cybercrimes for "an economic benefit for oneself or for another". When
this law is implemented, companies that have hacker employees may face a
corporate criminal or civil liability, raising the possibility that traffic
out of a corporate network should be controlled in addition to the inbound
traffic. The first step in protecting your information is to insure that all
the latest patches for your software are installed. For programs such as
Office 97 that are no longer tested for security vulnerabilities there appears
to be no solution but to upgrade. Install and use a virus detection program
and insure it is regularly upgraded with the latest virus signatures. Within
an organization, most security analysts support a layering of security where
everybody gets a minimum of protection, but particularly sensitive computers
and subnets are provided with greater restrictions and enhanced protection.
Just as financial audits verify the integrity of the financial system,
organizations should consider outside computer security audits to monitor the
integrity of their information systems. We cannot live today without our
computers. We need to understand that this tool is not the same as the filing
cabinet of several years ago. Our information is now potentially exposed to
about 120 million computers around the world. It behooves all of us to work to
insure that our privacy is protected. (See Figure 1 Below)