Originally posted by Pei
This came from an interesting question (one of many) asked of Neal Stephenson (author of Snow Crash, The Cryptonomicon et al) on Slashdot:
Does the 2nd Ammendment to the US constitution protect a citizens rights to keep adn access programs for hacking etc.
In an age where information is everything an attack on information realted to you could have a direct and detrimental on you (whether this was by an individual, organization or government). For example what if I hacked into your bank and put your account balance to 0? Or what changed your record in the various security databases so you were now a wanted terrorist?
Are the tools and means of computer attack a weapon, and if so are they protected under the 2nd ammendment?
I dont think its the script or the hardware that is the danger. It's the hacker that writes them. Buying a script, or a virus, as a weapon to strike back at someone who attacks you with one, or just to have as a threat (deterrant) wouldnt work because nearly as fast as new ones come out people are updating AV software to "inocculate" their systems against them. Hackers dont exactly leave themselves vulnerable either. No, what you would do is hire your own hacker. Someone who specializes in securing a system against attack, and can launch attacks of their own against those who attack you. As long as the attack was directed against an individual, and you could prove they attacked you first, it might even hold up. I work in private security. I received basic training in computer security when I was working towards my Linux Sysadmin certification. I have friends who do it for a living. The two are rapidly approaching each other in a day and age where more and more buildings are "wired", especially with the advent of wi-fi. I can see the day coming when private security companies and even contract security will have computer security added to their list of jobs. Even private homes are being built that are hardwired with fiber optics and all the goodies to make "smart homes" with high speed internet/cable TV/internet phones pre-wired for every room, and remote computer control of every appliance, every light, every door lock. I dont see it as so "out there" that instead of hiring just a bodyguard, people will hire personal security that combines the physical with cyberspace protection.
So I guess it could be considered a weapon. Hackers attack the innocent, and at random. Your security targets the hacker IF and only if, he targets you. Works for me.