Earlier today, the US District Court dealt a victory to the MBTA hackers and the EFF, lifting the injunction issued on August 9th to prevent the three MIT students from presenting their findings at DEFCON 16. In summary:
The lawsuit claimed that the students' planned presentation would violate the Computer Fraud and Abuse Act (CFAA) by enabling others to defraud the MBTA of transit fares. A different federal judge, meeting in a special Saturday session, ordered the trio not to disclose for ten days any information that could be used by others to get free subway rides.
"The judge today correctly found that it was unlikely that the CFAA would apply to security researchers giving an academic talk," said EFF Staff Attorney Marcia Hofmann. "A presentation at a security conference is not some sort of computer intrusion. It's protected speech and vital to the free flow of information about computer security vulnerabilities. Silencing researchers does not improve security -- the vulnerability was there before the students discovered it and would remain in place regardless of whether the students publicly discussed it or not."
This sets a good precedent for future cases, and perhaps next time a similar situation arises, a judge will not be so quick to issue a gag order. It's not a happy ending yet though, as the original lawsuit is still in effect.
As Chris Wysopal pointed out last week, the MBTA's ire is misdirected. Rather than suing the vendor who sold them the defective system, they sued and attempted to silence the students who discovered the weakness. This is 2008, not 1988 -- did they honestly think a gag order would prevent the information from reaching the general public? The DEFCON presentation was already available on the Intertubes prior to the injunction being issued, and the MBTA attorneys included a copy of the confidential whitepaper with their filing, thereby making it public.
I guess you wouldn't expect that a transit authority would have paid any attention to the Ciscogate fiasco from a few years ago. That presentation never got out either, did it? All that taxpayer money the MBTA spent on ridiculous lawsuits and restraining orders could have been put toward fixing the security flaws. What a concept.