A quick, factual reminder on the value and reality of a “EULA”… (aka MADness)

This post is in response to the drama the last few days, where Mary Ann Davidson posted an inflammatory blog about security researchers that send Oracle vulnerabilities while violating their End-user License Agreement (EULA… that thing you click without reading for every piece of software you install). The post was deleted promptly by Oracle, then Oracle said it was not the corporate line, and due to the crazy journalists who of course felt obligated to cover. You can read up on the background elsewhere, because it has absolutely no bearing on reality, which this very brief blog covers.

This is such an absurdly simple concept to grasp, yet the CISO of Oracle (among others) are oblivious to it. Part of me wants to write a scathing 8 page “someone is wrong on the Internet” blog. The other part of me says sleep is more valuable than dealing with these mouth-breathing idiots, which Davidson is one of. Sleep will win, so here is the cold hard facts and reality of the situation. Anything else should be debated at some obscure academic conference, but we know Oracle pays big money to debate it to politicians. Think about that.

Reality #1: Now, let’s start with an age-old saying… “when chinchillas are outlawed, only outlaws will have chinchillas.” Fundamentally, the simple fact that cannot be argued by any rational, logical human, is that laws apply to law-abiding citizens. Those who break the law (i.e. criminal, malefactor, evildoer, transgressor, culprit, felon, crook, hoodlum, gangster, whatever…) do not follow laws. Those who ignore criminal law, likely do not give two fucks about civil law, which a EULA violation would fall under.

Reality #2: Researchers get access to crappy Oracle software in the process of performing their job duties. A penetration test or audit may give them temporary access, and they may find a vulnerability. If the client doesn’t mandate they keep it in-house, the researcher may opt to share it with the vendor, doing the right thing. Where exactly does the EULA fit in here? It was agreed to by the customer, not the third-party researcher. Even if there is a provision in the EULA for such a case, if the company doesn’t warn the researcher of said provision, how can they be held liable?

Reality #3: Tying back into #1 here, what are the real consequences? This is civil law, not criminal. When it comes to criminal law, which is a lot more clear, the U.S. doesn’t have solid extradition case-law backing them. We tend to think “run to Argentina!” when it comes to evading U.S. law. In reality, you can possibly just run to the U.K. instead. Ignore the consequences, that is not relevant when it comes to the law in this context. If you focus on “oh but the death penalty was involved”, you are not understanding Law 101.

In the case of Soering v. United Kingdom, the European Court of Human Rights ruled that the United Kingdom was not permitted under its treaty obligations to extradite an individual to the United States, because the United States’ federal government was constitutionally unable to offer binding assurances that the death penalty would not be sought in Virginia courts.

Now, consider all of the countries that have no extradition treaty with the U.S. There are a lot. How many? Think less on the volume, think more on how well-known this is… a quick Google shows that U.S. news tells us where to run! CNBC says “10 hideout cities for fugitives” and DailyFinance says “Know Where to Run to: The 5 Best Countries With No Extradition“. Not enough? Let’s look at the absolute brilliance that local news can deliver, since my search was intended to find a short list of countries with no extradition, and Wikipedia failed me. Leave it to WSFA 12 in Alabama, to give us a very concise list of countries with no extradition treaty with the US! Criminals, send a spoofed email of thanks to this station for cliff-noting this shit.

These countries currently have no extradition treaty with the United States:

Afghanistan, Algeria, Andorra, Angola, Armenia, Bahrain, Bangladesh, Belarus, Bosnia and Herzegovina, Brunei, Burkina Faso, Burma, Burundi, Cambodia, Cameroon, Cape Verde, the Central
African Republic, Chad, Mainland China, Comoros, Congo (Kinshasa), Congo (Brazzaville), Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Guinea, Guinea-Bissau, Indonesia, Ivory Coast, Kazakhstan, Kosovo, Kuwait, Laos, Lebanon, Libya, Macedonia, Madagascar, Maldives, Mali, Marshall Islands, Mauritania, Micronesia, Moldova, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nepal, Niger, Oman, Qatar, Russia, Rwanda, Samoa, São Tomé & Príncipe, Saudi Arabia, Senegal, Serbia, Somalia, Sudan, Syria, Togo, Tunisia, Uganda, Ukraine, United Arab Emirates, Uzbekistan, Vanuatu, Vatican, Vietnam and Yemen.

Now, can anyone arguing in favor of Davidson’s “EULA speech”, that Oracle officially disagreed with, explain how a EULA protects a company in any way, in a real-world scenario?

Quite simply, there are two major issues at play. First, the absurd idea that a EULA will protect you from anything, other than chasing Intellectual Property (IP) lawsuits against other companies. That happens a lot, to be sure. But it has no bearing, in any way, on security research.

Second, I think back to something an old drunk friend told me a few times. “Never lick a gift-whore in the mouse.” I said he was a drunk friend. Security researchers who ply their trade, find vulnerabilities in your product, report them to you, and wait for you to release a patch? Embrace them. Hug them. Pay them if you can. They are your allies… and every vulnerability they help you squash, is one less vulnerability a bad guy can use to pop your customers. No one in their right mind would ever alienate such a process.

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