A turf war and a botched contract landed two pentesters in Iowa jail
arstechnica.com
arstechnica.com
edit: not that that justifies at all the absurd response of the sheriff in this case.
But it does seem that the Sheriff is acting out the stereotype of the local and incompetent sheriff ala J.W. Pepper in the bond films.
Ref:
https://americangunfacts.com/pdf/www-telegraph-co-uk.pdf
"2034[1] vs 466 Violent Crimes UK vs US per 100k people"
[1] The July 2009 Telegraph article says "over 2000"
The article is about government property (a courthouse) not commercial property.
When all you have is a gun, everything is a nail that can be shot at.
For example: https://www.sltrib.com/news/2018/06/20/security-guard-shoots... (slightly more elaborate, but still a man shot in the back and and killed when peacefully leaving an area)
Just last week there was a home invasion robbery and the mans guard dog was shot and killed in my current city.
Slightly more than one in a billion chance.
Guns can’t be taken out of citizens’ hands. Teach responsible use and double down.
Also defending another person against a threat to life is a basis for the use of legal force everywhere - that’s pretty uncontroversial I think.
Only a few states have castle doctrine laws in effect, and there are restrictions on when they apply.
The 'castle doctrine' you refer to is a perversion peculiar to some US states, but it still has to be your home and you still have to have a reasonable belief your life is threatened. Strangely, although you can use lethal force on an intruder/trespasser, if you shoot a police officer about to conduct a lawful no-knock raid, I think you could get convicted.
https://www.texasmonthly.com/news/a-no-knock-raid-in-houston...
Consider Daniel Shaver, he was crawling on the floor with no weapon, but the police suspected he had a gun and was about to shoot them, so they shot him. The courts found the police not guilty.
What a sad existence to be ruled by such fear, living out some constant delusion of being attacked like the mass media spectacles. Then trying to push that fear onto everyone else to validate their own overreactions.
And honestly the pentest company should have thought twice before conducting this type of test on September 11th. Any anniversary date of a major terrorist attack is a potential day of a second copycat attack.
FWIW "copycat attack" is just yet another minimally-plausible scenario that propagates fear.
That seems unnecessary, I don't think there's a person alive unaware of the year he's referring to.
No one in the comments here is "worshipping" 9/11 but the GP is correct in saying Coalfire should have thought twice about a redteam pentest on a date that puts law enforcement on high alert.
Yes but explicitly stating the year emphasizes that you're talking about an event the better part of two decades ago. A "copycat" of something that happened when one of these guys was about 11 years old. It's farcical and stating the year emphasizes that. If they'd done it on December 7th, "the date that will live in infamy", would a copycat attack on Pearl Harbor be suspected? Give me a break.
It took almost 50 years for the US government to acknowledge the extreme reaction to Pearl Harbor and provide reparations.
If that is any indication, 9/11, will remain in the zeitgeist for at least another 30 years.
That's a very open question. Under Iowa law, the counties have to provide the buildings to the state, but the state controls them. The position of the state court is that this control is total when it comes to security, and thus they can authorize whatever they like. (And their are court decisions supporting this view.)
Ultimately this is a legal question, which will be answered by the courts. But uh, the smart money is that the Iowa state courts will decide that the Iowa state courts were correct the first time, have lots of power, and didn't break any laws. But hey, anything could happen...
‘In October, Iowa Supreme Court Chief Justice Mark Cady, who oversees the state’s judicial branch including all judicial officers and court employees, apologized for the incident before the state’s Senate Government Oversight Committee, according to the Des Moines Register, which has been closely following developments in the case.
“In our efforts to fulfill our duty to protect confidential information of Iowans from cyberattacks, mistakes were made,” he said, using the passive voice that’s so common in leaders’ admissions of responsibility. “We are doing everything possible to correct those mistakes, be accountable for the mistakes and to make sure they never, ever occur again.” He declined to comment for this story.’
Malicious prosecution or 1983 action?
There is no reasonable legal theory in which they are not innocent, unless there are substantial non public facts.
That's whether or not you think that the state has the authority to authorize this.
Therefore it seems to me that if anything illegal was done, it was SCA failing to acquire permission the pentest.
America has a serious problem with prosecuting people it’s pretty sure are innocent.
'Zero' is hyperbole, since 4 significant charges is greater than zero.
Its true they have no evidence of intent to harm. But its hardly a harmless mistake that they, after a few drinks, broke into the wrong building without permission. During the night (supposed to be during the day). A judicial building.
This is incorrect.
One of the three documents indicated this, however, the other documents allowed those tactics.
Are the documents in conflict? Yes.
But the contract signed by the state, did not. It spelled out exactly what was allowed. That the organization advertises it is capable of other physical testing is interesting, but not relevant.
And, ironically since I’m usually pointing out the opposite, just because it’s serious doesn’t mean it’s criminal.
But generally would trespassing be considered a victimless crime? If you find out that someone trespassed, that might cause psychological harm. But if someone trespasses and no one notices, I guess that might be victimless. If a tree falls in the forest and no one is around, does it make a sound?
Police is already paid for with taxes. Writing bills for police responses not only creates wrong incentives, it's also redundant.
There can be fines for calling the police frivolously, but that's a different matter.
The other is that the many of the companies in the space suck. Coalfire didn’t have an attorney worth a nickel. No competent organization in their right mind would accept a contract that includes illegal entry into another party’s property.
Maybe if the people who hired the per-testers were interested in an outcome (good security practices), instead of attention and shaming a business partner, you’d have a different outcome.
I’m not a huge fan of physical breaches purely because they’re not a realistic threat model - maybe in the case of larger court houses that house evidence in cases where people might have the resources to do such a breach, but in most situations no decent attacker would risk their face on camera when malware.docx.exe would suffice
If I were the CIO or CISO of the state court, I would want to audit a few courts, and work with them to test those controls. That’s where you work with the county to test their controls - just like your scenario.
Then the test is a tool that can be used to get funds from the state, county and federal government to fix the problems.
The purpose isn’t to be an asshole, it’s to actually raise issues when you’re otherwise limited by sleazy performance-paid project managers trying to limit your scope to basically nothing.