, SecurityFocus 2003-04-24
A plea agreement is reached in the case of the college student who knew too much, while elsewhere DirecTV lawyers move against a message board poster for giving hacking advice to satellite pirates.A 19-year-old University of Chicago student accused of leaking the secrets of DirectTV's most advanced anti-piracy technology to hacker websites has agreed to plead guilty to violating the rarely used 1996 Economic Espionage Act.
Igor Serebryany is scheduled to appear Monday in federal court in Los Angeles to enter a guilty plea, in a plea agreement reached between defense attorneys and prosecutors last week, lawyers for both sides confirmed Wednesday.
As part of the plea deal, Serebryany admitted to copying and distributing 800 megabytes of scanned documents from DirecTV, costing the company $68,000 in investigatory costs. Both sides stipulated to sentencing factors that carry six months to a year in prison under federal guidelines -- assuming no prior convictions. The sentencing court can depart from the guidelines only if the judge finds that the proposed sentence doesn't adequately reflect the facts of the case.
Passed to meet the perceived threat of foreign espionage against American companies, the Economic Espionage Act carries up to ten years in prison for stealing trade secrets for personal financial gain, or for a third party's economic benefit. For the first five years of its existence the law could only be used with approval from the Justice Department in Washington -- a limitation that was lifted in March, 2002.
Unlike most defendants charged under the act, Serebryany is not accused of having a personal financial motive -- the student was not himself a satellite TV pirate, and he gave the secrets away for free. Even with a plea agreement in place, that the powerful law was leveled against the teen doesn't sit well with Serebryany's defense lawyers. "We have some problems with the fact that this was filed," says Kiana Sloan-Hillier, one of Serebryany's attorneys. "Clearly, it was not [meant] to be used carelessly."
"It's the crime of stealing trade secrets, so it's properly used when trade secrets are stolen," counters prosecutor James Spertus. "I imagine most people who steal get paid for it, or somehow profit by it... but it's the theft that's the crime. There's no more appropriate statute to use in this case."
Smart Card Hacks
According to court records
For years, those smart cards have been at the center of an
Each successive generation of DirecTV cards has become more technically advanced, but each has eventually been cracked by sophisticated hackers, largely based in Canada where the company is not licensed to provide service, and where until recently selling hacked access cards and equipment was not a crime.
Serebryany's job gave him access to the internal technical secrets of the newest version of the smart card, the so-called "P4" card, that DirecTV had begun distributing to subscribers, and which satellite hackers were nowhere near conquering. As described by an FBI affidavit in the case, the company closely guards those details with security procedures that rival a defense contractor -- confidentiality agreements, high-power encryption, "need to know" access, and an air-gapped computer network. "Whenever a writing references DirecTV's P4 technology, it must be printed on specific colored paper so it can be easily identified on sight, thereby decreasing possible theft of that writing," wrote the FBI of one of the company's precautions.
According to the plea agreement, the student began smuggling digitized copies of the papers out of the law firm on CD ROMs, and e-mailing them pseudonymously to the now-defunct satellite hacking site DSSHackers.com, "with the intent that an economic benefit be realized by members of the pirate community." Only a small percentage of the stolen data made its way to public websites, and none of it has yet inspired a successful hack against the cards.
"My personal feeling was he was just kind of a young kid, impressionable, that made a mistake," says "Risestar," a British Columbia man who runs the satellite hacking site
Lawsuit Over Hacking Advice
Serebryany's plea agreement comes at a time when DirecTV's lawyers are targeting other sources of hacking information.
Last week the company filed a
Unlike Serebryany, Ump25 isn't accused of stealing trade secrets -- an important distinction to Risestar, who says the lawsuit is an unprecedented attack on his users' freedom of speech. "It pretty much boils down to a Constitutional issue," says Risestar. "This guy didn't release any specific tools that aided and abetted anyone. All he did was share his knowledge and experiences publicly, and post."
But Marc Zwillinger, the chief litigator in DirecTV's war on piracy, says Ump25's posts aren't much different from posting a DVD descrambling program to the Internet, which has been ruled illegal in the past. "These weren't just instructions like, 'do this and do that.' He was putting up the actual changes to make to the card -- specific code bytes that needed to be changed," says Zwillinger. "People say you should be able to log onto the Internet and say anything. But if you go on the Internet and admit to misconduct, that's called a confession."