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Judge Overturns Injunction Against MIT Researchers
Jason Lee Miller
Staff Writer
2008-08-20
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IT pros shouldn't rely on discoverers of security flaws to keep quiet about it; sometimes glory (or competition) outweighs etiquette. They shouldn't rely on the courts to keep researchers quiet about it either-a Massachusetts judge just overruled a gag order against some crafty MIT researchers.
 | | Judge Overturns Injunction Against MIT Researchers |  |
The case grabbed headlines last week. A troika of MIT students uncovered a flaw in the Boston subway system allowing access cards to be rather easily counterfeited.
The Massachusetts Bay Transit Authority didn't like the idea people could possibly learn how to ride the subway for free, so they filed for an injunction against the students to prevent them from presenting their research at DefCon in Las Vegas.
The MBTA probably wasn't counting (or didn't care about) the free speech implications in such a move, and apparently a judge granting the immediate injunction wasn't either. However, upon review of a motion to extend the injunction for five months, a judge overturned it.
Judge George O'Toole ruled that federal antihacking laws didn't prevent researchers from disclosing and discussing computer-security flaws. Score one for free speech, and for the three MIT students. The MBTA, which opted to quash free speech instead of fix their own system, loses points.
As illustrated recently when a competitor of the Princeton Review revealed to the New York Times a massive security flaw in TPR's website which exposed names, birthdates, ethnicities, test scores, and learning disabilities of thousands of Florida standardized test takers, IT workers should be vigilant about testing their own systems.
No doubt others will be testing, and if they find a problem, there may be little incentive to let you know about it before the press.
About the Author:
Jason is a graduate of the University of Kentucky. He covers business, technology, and security issues.
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