[HN Gopher] A blameless post-mortem of USA vs. Joseph Sullivan
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       A blameless post-mortem of USA vs. Joseph Sullivan
        
       Author : mik3y
       Score  : 53 points
       Date   : 2022-12-08 17:31 UTC (5 hours ago)
        
 (HTM) web link (magoo.medium.com)
 (TXT) w3m dump (magoo.medium.com)
        
       | tptacek wrote:
       | In case you're unfamiliar with him: if you're a startup person,
       | Ryan McGeehan (the author here) has some of the best resources on
       | building security programs available on the Internet:
       | 
       | https://scrty.io/
        
       | dmix wrote:
       | > The breach remained undetected for an unknown period of months
       | before an interview with an engineer at a competing company
       | disclosed that an executive at their employer had a copy of an
       | Uber database
       | 
       | What's the backstory here? Did an Uber competitor buy the
       | database from a hacker? Then Uber found out which is how they
       | found the data breach happened? Am I reading that right?
       | 
       | That sounds very shady whoever the competitor was.
        
         | mikeyouse wrote:
         | It was Lyft;
         | 
         | https://www.reuters.com/article/uk-uber-tech-lyft-hacking-ex...
         | 
         | Reading between some lines, what Uber thinks happened is that
         | Chris Lambert, the CTO of Lyft accessed the Github repository
         | that had the improperly stored key (they know the IP address of
         | the only person who they couldn't rule out and that IP was
         | associated with Chris elsewhere online). But then the actual
         | hack using those credentials was carried out via NordVPN so
         | they can't be sure who actually downloaded the material.
         | 
         | Later on, Uber was interviewing a Lyft engineer who let them
         | know that Lyft had a copy of the driver database, so they
         | reverse engineered how they could have downloaded it and found
         | their exposed credentials.
        
           | 0xBAADA555 wrote:
           | I'm genuinely surprised because I would have assumed NordVPN
           | keeps user activity logs regardless of what they say (what
           | all those services say, really).
        
             | HPsquared wrote:
             | If they did, they probably wouldn't burn that resource over
             | some petty civil matter.
        
               | public_defender wrote:
               | 1) It was a petty _criminal_ matter.
               | 
               | 2) All the advertisement bluster in the world melts away
               | at the arrival of the first subpoena, search warrant, or
               | national security letter.
               | 
               | I'm not saying that there must be no NordVPN logs, but I
               | am saying that if they existed and they were subpoenaed,
               | it would be really, really surprising if Nord didn't
               | immediately turn them over.
        
       | mannykannot wrote:
       | It is helpful that this was written from a blameless perspective,
       | as it remains clear that the attempt to retroactively re-
       | designate the breach as an authorized bug-bounty act was
       | deceptive and self-serving.
        
       | IfOnlyYouKnew wrote:
       | So... a federal jury found this guy guilty, but here we have a
       | friend of his who is going to be totally neutral in a
       | reevaluation?
       | 
       | So they set out to describe it as ,,an accident" because
       | ,,blameless post-mortems" are something people really like?
       | 
       | Also this article falls into the trap of trying to sound smart by
       | using, sorry, ,,by effecting the usage of" big fancy words. I've
       | read Supreme Court transcripts and judgements, and I can
       | understand them. This is overtaxing my buzzword ingestion.
        
         | tptacek wrote:
         | The point isn't to determine Sullivan's guilt or innocence.
         | That's already happened. The point is to mine actionable
         | information for other startups out of it. That's McGeehan's
         | whole M.O. with all of his writing.
        
         | floober wrote:
         | > So they set out to describe it as ,,an accident" because
         | ,,blameless post-mortems" are something people really like?
         | 
         | As someone who has operated bug bounty programs, understanding
         | what processes might have prevented things from going off the
         | rails _in spite of_ internal actors with different motivations
         | is very helpful to me. Placing all of the blame on an
         | individual removes the opportunity to improve things.
        
           | simoncion wrote:
           | > Placing all of the blame on an individual removes the
           | opportunity to improve things.
           | 
           | It seems to me that there's another option. Describe the
           | problem thusly:
           | 
           | > A Lyft employee grabbed our data storage access keys from
           | Github. He, or someone else then used these keys to grab PII
           | that Uber was legally required to safeguard. Uber management
           | and/or legal actively worked to cover all of this up and
           | mislead the FTC about the nature and size of the breach.
           | 
           | >
           | 
           | > Given these facts, what processes and procedures can we
           | change or create to ensure that the PII we're charged with
           | safeguarding remains safe and guarded, that any threat to or
           | breach of said information is detected as soon as is
           | reasonably possible, and that any attempts of management
           | and/or legal to cover up any such incidents are detected and
           | reported to the appropriate authorities?
        
           | stefan_ wrote:
           | But the bug bounty policy was very clear on all of this and
           | this extortionist never concealed his intentions. And all
           | this text can come up with is "what if we loop in even more
           | people". Indeed this description made it very clear that the
           | _existing processes_ were intentionally subverted; what can
           | more processes do for avoiding that when it happens by
           | decision of the CSO and CEO?
        
             | tptacek wrote:
             | An example of a complicating factor identified by this
             | postmortem is that the CSO was simultaneously a Dep. GC,
             | and was made a DGC in part to facilitate direct reporting
             | relationships with the CEO that ended up short circuiting
             | the normal GC process.
             | 
             | Further factors identified in the postmortem involve
             | responses given to the FTC that weren't properly vetted,
             | but easily could have been by a typical counsel's team.
        
       | happyopossum wrote:
       | > My analysis will treat this as an accident.
       | 
       | How does that work for a scenario where specific and intentional
       | actions were taken by an individual or group of individuals, that
       | may or may not have been illegal?
       | 
       | You can't analyze an armed robbery prosecution as an accident
       | without ignoring all of the most significant aspects of the case.
        
         | atoav wrote:
         | > You can't analyze an armed robbery prosecution as an accident
         | without ignoring all of the most significant aspects of the
         | case.
         | 
         | Depends on the scope of the analysis. You can analyze why the
         | security systems allowed for that armed robbery to happen and
         | recommend how to prevent this from happening in the future. You
         | can analyze what societal factors and incentive structures lead
         | to this and similar robberies and how to reduce the likelyhood
         | of that occuring in the future.
         | 
         | For all of this the question of guilt doesn't matter at all.
        
         | projektfu wrote:
         | In fairness, this is a conviction for failing to call the
         | police (misprision) when your boss decided to cover up a data
         | breach, not for committing armed robbery. Obstruction of
         | justice as well.
         | 
         | On another note, future whistleblowers could, I suppose, cite
         | this as a reason why they cannot keep their mouth shut.
        
         | ineptech wrote:
         | The purpose of a retro is to identify a process that will keep
         | some bad thing from happening again; a process that keeps the
         | bad thing from happening for any reason is strictly better than
         | a process that keeps the bad thing from happening due to
         | malice. If your infra engineers can't expose your PII on
         | accident, they can't expose it on purpose either. To extend
         | your analogy, it's the difference between locking your house
         | (which protects your valuables from thieves, but not your
         | garden hose and wheelbarrow from your drunken neighbor) vs.
         | locking your shed as well.
        
         | tptacek wrote:
         | The point of the postmortem is to educate people as to what to
         | do differently. You get more value out of the "accident" frame
         | than out of the "malice" frame, which has already been
         | intensively explored by the DOJ. Most organizations aren't
         | going to be in a position of having a formal federal prosecutor
         | serving as CSO _and_ Deputy General Counsel making grave errors
         | in fitting a report to a bug bounty process instead of a
         | criminal investigation, but it 's easy to imagine a variety of
         | organizations landing in a variety of different scrapes about
         | how to route reports that might trigger breach report
         | liability.
        
       | robertlagrant wrote:
       | > Takeaways
       | 
       | Missed opportunity to call this section Uber Eats.
        
       | joecool1029 wrote:
       | courtlistener page with the docket for the case:
       | https://www.courtlistener.com/docket/18443231/united-states-...
       | 
       | (for the the case docket if some of HN wants to use recap
       | extension https://free.law/recap and burn some PACER credit. It's
       | free to make a PACER account and use up to $30 a quarter, they
       | won't bill you).
        
       | mcguire wrote:
       | The US Attorney's Office press release about the case:
       | https://www.justice.gov/usao-ndca/pr/former-chief-security-o...
        
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       (page generated 2022-12-08 23:00 UTC)