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Gray Hat Hacking 70

The document discusses the impact of increased government secrecy on transparency and public access to information, particularly following the 2001 USA Patriot Act and subsequent legislation. It highlights specific examples of reduced information disclosure by various government agencies and the implications of the Digital Millennium Copyright Act (DMCA) on hacking and information security. The DMCA aims to protect copyrighted content from unauthorized access while the CFAA and ECPA focus on protecting computer systems and communications.

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6 views1 page

Gray Hat Hacking 70

The document discusses the impact of increased government secrecy on transparency and public access to information, particularly following the 2001 USA Patriot Act and subsequent legislation. It highlights specific examples of reduced information disclosure by various government agencies and the implications of the Digital Millennium Copyright Act (DMCA) on hacking and information security. The DMCA aims to protect copyrighted content from unauthorized access while the CFAA and ECPA focus on protecting computer systems and communications.

Uploaded by

digapo7593
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Gray Hat Hacking, The Ethical Hacker’s Handbook, Third Edition

42
privilege. However, in 2009, President Obama issued an executive order and memoran-
dum expressing his plans to declassify historical materials and reduce the number of
original classification authorities, with an additional stated goal of a more transparent
government.
The terrorist threat has been used “as an excuse to close the doors of the govern-
ment” states OMB Watch Government Secrecy Coordinator Rick Blum. Skeptics argue
that the government’s increased secrecy policies don’t always relate to security, even
though that is how they are presented. Some examples include the following:

• The Homeland Security Act of 2002 offers companies immunity from


lawsuits and public disclosure if they supply infrastructure information
to the Department of Homeland Security.
• The Environmental Protection Agency (EPA) stopped listing chemical accidents
on its website, making it very difficult for citizens to stay abreast of accidents
that may affect them.
• Information related to the task force for energy policies that was formed by
Vice President Dick Cheney was concealed.
• The Federal Aviation Administration (FAA) stopped disclosing information
about action taken against airlines and their employees.
Another manifestation of the Bush administration’s desire to limit access to infor-
mation in its attempt to strengthen national security was reflected in its support in 2001
for the USA Patriot Act. That legislation, which was directed at deterring and punishing
terrorist acts and enhancing law enforcement investigation, also amended many exist-
ing laws in an effort to enhance national security. Among the many laws that it amend-
ed are the CFAA (discussed earlier), under which the restrictions that were imposed on
electronic surveillance were eased. Additional amendments also made it easier to pros-
ecute cybercrimes. The Patriot Act also facilitated surveillance through amendments to
the Wiretap Act (discussed earlier) and other laws. Although opinions may differ as to
the scope of the provisions of the Patriot Act, there is no doubt that computers and the
Internet are valuable tools to businesses, individuals, and the bad guys.

Digital Millennium Copyright Act (DMCA)


The DMCA is not often considered in a discussion of hacking and the question of in-
formation security, but it is relevant. The DMCA was passed in 1998 to implement the
World Intellectual Property Organization Copyright Treaty (WIPO Treaty). The WIPO
Treaty requires treaty parties to “provide adequate legal protection and effective legal
remedies against the circumvention of effective technological measures that are used by
authors,” and to restrict acts in respect to their works that are not authorized. Thus,
while the CFAA protects computer systems and the ECPA protects communications, the
DMCA protects certain (copyrighted) content itself from being accessed without autho-
rization. The DMCA establishes both civil and criminal liability for the use, manufac-
ture, and trafficking of devices that circumvent technological measures controlling ac-
cess to, or protection of, the rights associated with copyrighted works.

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