Legislation is probably one of the least sexy parts of what we all work on, but I had a thought a while back that I never managed to circle back on. I used to work for a mega-company doing anti-phishing stuff (among lots of other tasks) and one day I decided to look into anti-phishing from a legal perspective. I never followed through with it, but this is a topic that I think deserves some debate, as I haven’t seen a lot of people talking about this, or sponsoring legislation I think has a snowballs chance in hell of helping.
I was doing an interview with InformationWeek today about anti-phishing (btw, any phishers reading this, if you are interested, they would like to have an interview with you - contact me and I’ll get you in touch with them). One of the questions that was asked (and is always asked every time I talk to high level people about this) is what people can do about it. I started down the same old path I always go down, patch up, use modern browsers with anti-phishing built in, blah blah. I hated the sound of my own voice. If you were to take the average IQ of the internet population, I doubt it would be higher than 90-95 at best. There is no way people reading that article are the target segment of the Internet.
If you take that to the next logical step, the people who need this help the most are also the least likely to know how to fix those issues or keep themselves safe. Taking it the next logical step there is no way for the average consumer to protect themselves. So who is it up to? To me it seems like it should be up to the people who actually do know how to fix these issues.
I’m not one of those people who is super into having laws dictate our lives, but this seems like an interesting idea. Current anti-phishing laws only apply to countries that have extradition treaties with us, and since when do phishers care about that anyway? What if we turned the law around and pointed it at the people who actually do know how to fix these issues for consumers - the ISPs? What if we made a law that said that ISPs must make a reasonable effort to subscribe to anti-phishing lists and they must shut down access to websites that have known phishing holes in them. Failure to do so could result in fines, and further, if a consumer is actually phished, the ISP is liable.
I’ve already talked to large ISPs who are using OpenDNS, but that’s not cutting it. OpenDNS only applies to sites that are linked to using a hostname, and many phishing sites use only IP addresses. So yes, it would painful for ISPs. Yes, it would extra cost. Yes, it would be annoying for researchers (maybe they have to call to get sites turned back on for them). Yes, it could cause DoS for websites that are caught as false positives, or virtual hosts on the same IP. All valid points, but none of them seem worth it to spend another billion dollars this year of Internet consumer’s money to finance the phishing market. Comments?