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A nefarious but incompetent spyware campaign targeting Ethiopian dissidents (arstechnica.com)
63 points by dberhane on Dec 8, 2017 | hide | past | favorite | 10 comments


"Cyberbit Solutions offers its products only to sovereign governmental authorities and law enforcement agencies," the letter, headed "Re: Your Letter Dated November 29, 2017," stated. "Such governmental authorities and law enforcement agencies are responsible to ensure that they are legally authorized to use the products in their jurisdictions. Cyberbit Solutions products greatly contribute to national security and law enforcement where its products are used."

How much tech originating from universities / OSS projects are in those products?

An interesting moral dilemma.


What is an interesting moral dilemma? A bad actor benefits from free software made to benefit everyone? The bad actors would still exist in a proprietary only environment, just need to buy more licenses.


>The righteous need not cower before the drumbeat of human progress. Though the song of yesterday fades into the challenge of tomorrow, God still watches and judges us. Evil lurks in the datalinks as it lurked in the streets of yesteryear. But it was never the streets that were evil.

- Sister Miriam Godwinson, "The Blessed Struggle"

Yeesh, I can't believe that Brian Reynolds went on to work for Zynga...


Why isn't this considered criminal negligence?


The Foreign Sovereign Immunities Act.

>A court has ruled (PDF) that an American citizen born in Ethiopia can’t sue his birth country for hacking his computer and monitoring him with spyware.

..

>Kidane sued the Ethiopian government for the FinSpy infection, for allegedly wiretapping his private Skype calls, and for allegedly monitoring his entire family’s use of the computer over the course of months.

..

>The US Court of Appeals for the District of Columbia Circuit on Tuesday ruled that foreign states are immune from lawsuits in a US court unless an exception to the Foreign Sovereign Immunities Act (FSIA) applies.

>Kidane had alleged that the wrongdoing was transnational. The court rejected that as an exception to the FSIA, saying that Ethiopia would still have immunity unless the wrongful act – the “tort” – took place entirely in the US.

>From the ruling:

>"Ethiopia’s placement of the FinSpy virus on Kidane’s computer, although completed in the United States when Kidane opened the infected e-mail attachment, began outside the United States. It thus cannot be said that the entire tort occurred in the United States."

>The EFF says it’s mulling a challenge to the ruling. But as it now stands, US citizens have no legal recourse if foreign states hack their devices remotely, as long as they do most of that hacking abroad instead of on US soil.

https://nakedsecurity.sophos.com/2017/03/16/court-blocks-ame...


>Kidane had alleged that the wrongdoing was transnational. The court rejected that as an exception to the FSIA, saying that Ethiopia would still have immunity unless the wrongful act – the “tort” – took place entirely in the US.

So you can commit "wrongful acts" if you make sure you commit at least a part of the act outside US soil?


> So you can commit "wrongful acts" if you make sure you commit at least a part of the act outside US soil?

Yeah, as long as you're a sovereign state. You or I couldn't travel to another country, commit the wrongful act, then claim protection under FSIA.


Now I'm wondering if you or I could use a small and corrupt country to act as a front for hacking.


Being a recognized as a sovereign state seems to be the important part. The US otherwise tends to have an extremely long reach for capturing foreign hackers and cybercriminals. https://arstechnica.com/information-technology/2014/07/us-na...


>>A court has ruled that an American citizen born in Ethiopia can’t sue his birth country for hacking his computer and monitoring him with spyware.

I wonder what would happen if the individual in question was from the CIA/FBI/SS, and Ethiopia exfiltrated state secrets. I bet they will find a way to sue, since it's their privacy that was put at risk.




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