Who’s Behind the DomainNetworks Snail Mail Scam?

If you’ve ever owned a domain name, the chances are good that at some point you’ve received a snail mail letter which appears to be a bill for a domain or website-related services. In reality, these misleading missives try to trick people into paying for useless services they never ordered, don’t need, and probably will never receive. Here’s a look at the most recent incarnation of this scam — DomainNetworks — and some clues about who may be behind it.

The DomainNetworks mailer may reference a domain that is or was at one point registered to your name and address. Although the letter includes the words “marketing services” in the upper right corner, the rest of the missive is deceptively designed to look like a bill for services already rendered.

DomainNetworks claims that listing your domain with their promotion services will result in increased traffic to your site. This is a dubious claim for a company that appears to be a complete fabrication, as we’ll see in a moment.  But happily, the proprietors of this enterprise were not so difficult to track down.

The website Domainnetworks[.]com says it is a business with a post office box in Hendersonville, N.C., and another address in Santa Fe, N.M. There are a few random, non-technology businesses tied to the phone number listed for the Hendersonville address, and the New Mexico address was used by several no-name web hosting companies.

However, there is little connected to these addresses and phone numbers that get us any closer to finding out who’s running Domainnetworks[.]com. And neither entity appears to be an active, official company in their supposed state of residence, at least according to each state’s Secretary of State database.

The Better Business Bureau listing for DomainNetworks gives it an “F” rating, and includes more than 100 reviews by people angry at receiving one of these scams via snail mail. Helpfully, the BBB says DomainNetworks previously operated under a different name: US Domain Authority LLC.

Copies of snail mail scam letters from US Domain Authority posted online show that this entity used the domain usdomainauthority[.]com, registered in May 2022. The Usdomainauthority mailer also featured a Henderson, NC address, albeit at a different post office box.

Usdomainauthority[.]com is no longer online, and the site seems to have blocked its pages from being indexed by the Wayback Machine at archive.org. But searching on a long snippet of text from DomainNetworks[.]com about refund requests shows that this text was found on just one other active website, according to publicwww.com, a service that indexes the HTML code of existing websites and makes it searchable.

That other website is a domain registered in January 2023 called thedomainsvault[.]com, and its registration details are likewise hidden behind privacy services. Thedomainsvault’s “Frequently Asked Questions” page is quite similar to the one on the DomainNetworks website; both begin with the question of why the company is sending a mailer that looks like a bill for domain services.

Thedomainsvault[.]com includes no useful information about the entity or people who operate it; clicking the “Contact-us” link on the site brings up a page with placeholder Lorem Ipsum text, a contact form, and a phone number of 123456789.

However, searching passive DNS records at DomainTools.com for thedomainsvault[.]com shows that at some point whoever owns the domain instructed incoming email to be sent to ubsagency@gmail.com.

The first result that currently pops up when searching for “ubsagency” in Google is ubsagency[.]com, which says it belongs to a Las Vegas-based Search Engine Optimization (SEO) and digital marketing concern generically named both United Business Service and United Business Services. UBSagency’s website is hosted at the same Ann Arbor, Mich. based hosting firm (A2 Hosting Inc) as thedomainsvault[.]com.

UBSagency’s LinkedIn page says the company has offices in Vegas, Half Moon Bay, Calif., and Renton, Wash. But once again, none of the addresses listed for these offices reveal any obvious clues about who runs UBSagency. And once again, none of these entities appear to exist as official businesses in their claimed state of residence.

Searching on ubsagency@gmail.com in Constella Intelligence shows the address was used sometime before February 2019 to create an account under the name “Sammy\Sam_Alon” at the interior decorating site Houzz.com. In January 2019, Houzz acknowledged that a data breach exposed account information on an undisclosed number of customers, including user IDs, one-way encrypted passwords, IP addresses, city and ZIP codes, as well as Facebook information.

Sammy\Sam_Alon registered at Houzz using an Internet address in Huntsville, Ala. (68.35.149.206). Constella says this address was associated with the email tropicglobal@gmail.com, which also is tied to several other “Sammy” accounts at different stores online.

Constella also says a highly unique password re-used by tropicglobal@gmail.com across numerous sites was used in connection with just a few other email accounts, including shenhavgroup@gmail.com, and distributorinvoice@mail.com.

The shenhavgroup@gmail.com address was used to register a Twitter account for a Sam Orit Alon in 2013, whose account says they are affiliated with the Shenhav Group. According to DomainTools, shenhavgroup@gmail.com was responsible for registering roughly two dozen domains, including the now-defunct unitedbusinessservice[.]com.

Constella further finds that the address distributorinvoice@mail.com was used to register an account at whmcs.com, a web hosting platform that suffered a breach of its user database several years back. The name on the WHMCS account was Shmuel Orit Alon, from Kidron, Israel.

UBSagency also has a Facebook page, or maybe “had” is the operative word because someone appears to have defaced it. Loading the Facebook page for UBSagency shows several of the images have been overlaid or replaced with a message from someone who is really disappointed with Sam Alon.

“Sam Alon is a LIAR, THIEF, COWARD AND HAS A VERY SMALL D*CK,” reads one of the messages:

The logo in the UBSagency profile photo includes a graphic of what appears to be a magnifying glass with a line that zig-zags through bullet points inside and outside the circle, a unique pattern that is remarkably similar to the logo for DomainNetworks:

Constella also found that the same Huntsville IP address used by Sam Alon at Houzz was associated with yet another Houzz account, this one for someone named “Eliran.”

The UBSagency Facebook page features several messages from an Eliran “Dani” Benz, who is referred to by commenters as an employee or partner with UBSagency. The last check-in on Benz’s profile is from a beach at Rishon Letziyon in Israel earlier this year.

Neither Mr. Alon nor Mr. Benz responded to multiple requests for comment.

It may be difficult to believe that anyone would pay an invoice for a domain name or SEO service they never ordered. However, there is plenty of evidence that these phony bills often get processed by administrative personnel at organizations that end up paying the requested amount because they assume it was owed for some services already provided.

In 2018, KrebsOnSecurity published How Internet Savvy are Your Leaders?, which examined public records to show that dozens of cities, towns, school districts and even political campaigns across the United States got snookered into paying these scam domain invoices from a similar scam company called WebListings Inc.

In 2020, KrebsOnSecurity featured a deep dive into who was likely behind the WebListings scam, which had been sending out these snail mail scam letters for over a decade. That investigation revealed the scam’s connection to a multi-level marketing operation run out of the U.K., and to two brothers living in Scotland.

SMS Phishers Harvested Phone Numbers, Shipment Data from UPS Tracking Tool

The United Parcel Service (UPS) says fraudsters have been harvesting phone numbers and other information from its online shipment tracking tool in Canada to send highly targeted SMS phishing (a.k.a. “smishing”) messages that spoofed UPS and other top brands. The missives addressed recipients by name, included details about recent orders, and warned that those orders wouldn’t be shipped unless the customer paid an added delivery fee.

In a snail mail letter sent this month to Canadian customers, UPS Canada Ltd. said it is aware that some package recipients have received fraudulent text messages demanding payment before a package can be delivered, and that it has been working with partners in its delivery chain to try to understand how the fraud was occurring.

“During that review, UPS discovered a method by which a person who searched for a particular package or misused a package look-up tool could obtain more information about the delivery, potentially including a recipient’s phone number,” the letter reads. “Because this information could be misused by third parties, including potentially in a smishing scheme, UPS has taken steps to limit access to that information.”

The written notice goes on to say UPS believes the data exposure “affected packages for a small group of shippers and some of their customers from February 1, 2022 to April 24, 2023.”

As early as April 2022, KrebsOnSecurity began receiving tips from Canadian readers who were puzzling over why they’d just received one of these SMS phishing messages that referenced information from a recent order they’d legitimately placed at an online retailer.

In March, 2023, a reader named Dylan from British Columbia wrote in to say he’d received one of these shipping fee scam messages not long after placing an order to buy gobs of building blocks directly from Lego.com. The message included his full name, phone number, and postal code, and urged him to click a link to mydeliveryfee-ups[.]info and pay a $1.55 delivery fee that was supposedly required to deliver his Legos.

“From searching the text of this phishing message, I can see that a lot of people have experienced this scam, which is more convincing because of the information the phishing text contains,” Dylan wrote. “It seems likely to me that UPS is leaking information somehow about upcoming deliveries.”

Josh is a reader who works for a company that ships products to Canada, and in early January 2023 he inquired whether there was any information about a breach at UPS Canada.

“We’ve seen many of our customers targeted with a fraudulent UPS text message scheme after placing an order,” Josh said. “A link is provided (often only after the customer responds to the text) which takes you to a captcha page, followed by a fraudulent payment collection page.”

Pivoting on the domain in the smishing message sent to Dylan shows the phishing domain shared an Internet host in Russia [91.215.85-166] with nearly two dozen other smishing related domains, including upsdelivery[.]info, legodelivery[.]info, adidascanadaltd[.]com, crocscanadafee[.]info, refw0234apple[.]info, vista-printcanada[.]info and telus-ca[.]info.

The inclusion of big-name brands in the domains of these UPS smishing campaigns suggests the perpetrators had the ability to focus their lookups on UPS customers who had recently ordered items from specific companies.

Attempts to visit these domains with a web browser failed, but loading them in a mobile device (or in my case, emulating a mobile device using a virtual machine and Developer Tools in Firefox) revealed the first stage of this smishing attack. As Josh mentioned, what first popped up was a CAPTCHA; after the visitor solved the CAPTCHA, they were taken through several more pages that requested the user’s full name, date of birth, credit card number, address, email and phone number.

In April 2022, KrebsOnSecurity heard from Alex, the CEO of a technology company in Canada who asked to leave his last name out of this story. Alex reached out when he began receiving the smishing messages almost immediately after ordering two sets of Airpods directly from Apple’s website.

What puzzled Alex most was that he’d instructed Apple to send the Airpods as a gift to two different people, and less than 24 hours later the phone number he uses for his Apple account received two of the phishing messages, both of which contained salutations that included the names of the people for whom he’d bought Airpods.

“I’d put the recipient as different people on my team, but because it was my phone number on both orders I was the one getting the texts,” Alex explained. “That same day, I got text messages referring to me as two different people, neither of whom were me.”

Alex said he believes UPS Canada either doesn’t fully understand what happened yet, or it is being coy about what it knows. He said the wording of UPS’s response misleadingly suggests the smishing attacks were somehow the result of hackers randomly looking up package information via the company’s tracking website.

Alex said it’s likely that whoever is responsible figured out how to query the UPS Canada website for only pending orders from specific brands, perhaps by exploiting some type of application programming interface (API) that UPS Canada makes or made available to its biggest retail partners.

“It wasn’t like I put the order through [on Apple.ca] and some days or weeks later I got a targeted smishing attack,” he said. “It was more or less the same day. And it was as if [the phishers] were being notified the order existed.”

The letter to UPS Canada customers does not mention whether any other customers in North America were affected, and it remains unclear whether any UPS customers outside of Canada may have been targeted.

In a statement provided to KrebsOnSecurity, Sandy Springs, Ga. based UPS [NYSE:UPS] said the company has been working with partners in the delivery chain to understand how that fraud was being perpetrated, as well as with law enforcement and third-party experts to identify the cause of this scheme and to put a stop to it.

“Law enforcement has indicated that there has been an increase in smishing impacting a number of shippers and many different industries,” reads an email from Brian Hughes, director of financial and strategy communications at UPS.

“Out of an abundance of caution, UPS is sending privacy incident notification letters to individuals in Canada whose information may have been impacted,” Hughes said. “We encourage our customers and general consumers to learn about the ways they can stay protected against attempts like this by visiting the UPS Fight Fraud website.”

Promising Jobs at the U.S. Postal Service, ‘US Job Services’ Leaks Customer Data

A sprawling online company based in Georgia that has made tens of millions of dollars purporting to sell access to jobs at the United States Postal Service (USPS) has exposed its internal IT operations and database of nearly 900,000 customers. The leaked records indicate the network’s chief technology officer in Pakistan has been hacked for the past year, and that the entire operation was created by the principals of a Tennessee-based telemarketing firm that has promoted USPS employment websites since 2016.

KrebsOnSecurity was recently contacted by a security researcher who said he found a huge tranche of full credit card records exposed online, and that at first glance the domain names involved appeared to be affiliated with the USPS.

Further investigation revealed a long-running international operation that has been emailing and text messaging people for years to sign up at a slew of websites that all promise they can help visitors secure employment at the USPS.

Sites like FederalJobsCenter[.]com also show up prominently in Google search results for USPS employment, and steer applicants toward making credit card “registration deposits” to ensure that one’s application for employment is reviewed. These sites also sell training, supposedly to help ace an interview with USPS human resources.

FederalJobsCenter’s website is full of content that makes it appear the site is affiliated with the USPS, although its “terms and conditions” state that it is not. Rather, the terms state that FederalJobsCenter is affiliated with an entity called US Job Services, which says it is based in Lawrenceville, Ga.

“US Job Services provides guidance, coaching, and live assistance to postal job candidates to help them perform better in each of the steps,” the website explains.

The site says applicants need to make a credit card deposit to register, and that this amount is refundable if the applicant is not offered a USPS job within 30 days after the interview process.

But a review of the public feedback on US Job Services and dozens of similar names connected to this entity over the years shows a pattern of activity: Applicants pay between $39.99 and $100 for USPS job coaching services, and receive little if anything in return. Some reported being charged the same amount monthly.

The U.S. Federal Trade Commission (FTC) has sued several times over the years to disrupt various schemes offering to help people get jobs at the Postal Service. Way back in 1998, the FTC and the USPS took action against several organizations that were selling test or interview preparation services for potential USPS employees.

“Companies promising jobs with the U.S. Postal Service are breaking federal law,” the joint USPS-FTC statement said.

In that 1998 case, the defendants behind the scheme were taking out classified ads in newspapers. Ditto for a case the FTC brought in 2005. By 2008, the USPS job exam preppers had shifted to advertising their schemes mostly online. And in 2013, the FTC won a nearly $5 million judgment against a Kentucky company purporting to offer such services.

Tim McKinlay authored a report last year at Affiliateunguru.com on whether the US Job Services website job-postal[.]com was legitimate or a scam. He concluded it was a scam based on several factors, including that the website listed multiple other names (suggesting it had recently switched names), and that he got nothing from the transaction with the job site.

“They openly admit they’re not affiliated with the US Postal Service, but claim to be experts in the field, and that, just by following the steps on their site, you easily pass the postal exams and get a job in no time,” McKinlay wrote. “But it’s really just a smoke and mirrors game. The site’s true purpose is to collect $46.95 from as many people as possible. And considering how popular this job is, they’re probably making a killing.”

US JOB SERVICES

KrebsOnSecurity was alerted to the data exposure by Patrick Barry, chief information officer at Charlotte, NC based Rebyc Security. Barry said he found that not only was US Job Services leaking its customer payment records in real-time and going back to 2016, but its website also leaked a log file from 2019 containing the site administrator’s contact information and credentials to the site’s back-end database.

Barry shared screenshots of that back-end database, which show the email address for the administrator of US Job Services is tab.webcoder@gmail.com. According to cyber intelligence platform Constella Intelligence, that email address is tied to the LinkedIn profile for a developer in Karachi, Pakistan named Muhammed Tabish Mirza.

A search on tab.webcoder@gmail.com at DomainTools.com reveals that email address was used to register several USPS-themed domains, including postal2017[.]com, postaljobscenter[.]com and usps-jobs[.]com.

Mr. Mirza declined to respond to questions, but the exposed database information was removed from the Internet almost immediately after KrebsOnSecurity shared the offending links.

A “Campaigns” tab on that web panel listed several advertising initiatives tied to US Job Services websites, with names like “walmart drip campaign,” “hiring activity due to virus,” “opt-in job alert SMS,” and “postal job opening.”

Another page on the US Job Services panel included a script for upselling people who call in response to email and text message solicitations, with an add-on program that normally sells for $1,200 but is being “practically given away” for a limited time, for just $49.

“There’s something else we have you can take advantage of that can help you make more money,” the script volunteers. “It’s an easy to use 12-month career development plan and program to follow that will result in you getting any job you want, not just at the post office….anywhere…and then getting promoted rapidly.”

It’s bad enough that US Job Services was leaking customer data: Constella Intelligence says the email address tied to Mr. Mirza shows up in more than a year’s worth of “bot logs” created by a malware infection from the Redline infostealer.

Constella reports that for roughly a year between 2021 and 2022, a Microsoft Windows device regularly used by Mr. Mirza and his colleagues was actively uploading all of the device’s usernames, passwords and authentication cookies to cybercriminals based in Russia.

NEXT LEVEL SUPPORT

The web-based backend for US Job Services lists more than 160 people under its “Users & Teams” tab. This page indicates that access to the consumer and payment data collected by US Job Services is currently granted to several other coders who work with Mr. Mirza in Pakistan, and to multiple executives, contractors and employees working for a call center in Murfreesboro, Tennessee.

The call center — which operates as Nextlevelsupportcenters[.]com and thenextlevelsupport[.]com — curiously has several key associates with a history of registering USPS jobs-related domain names.

The website for NextLevelSupport says it was founded in 2017 by a Gary Plott, whose LinkedIn profile describes him as a seasoned telecommunications industry expert. The leaked backend database for US Job Services says Plott is a current administrator on the system, along with several other Nextlevel founders listed on the company’s site.

Reached via telephone, Plott initially said his company was merely a “white label” call center that multiple clients use to interact with customers, and that the content their call center is responsible for selling on behalf of US Job Services was not produced by NextLevelSupport.

“A few years ago, we started providing support for this postal product,” Plott said. “We didn’t develop the content but agreed we would support it.”

Interestingly, DomainTools says the Gmail address used by Plott in the US Jobs system was also used to register multiple USPS job-related domains, including postaljobssite[.]com, postalwebsite[.]com, usps-nlf[.]com, usps-nla[.]com.

Asked to reconcile this with his previous statement, Plott said he never did anything with those sites but acknowledged that his company did decide to focus on the US Postal jobs market from the very beginning.

Plott said his company never refuses to issue a money-back request from a customer, because doing so would result in costly chargebacks for NextLevel (and presumably for the many credit card merchant accounts apparently set up by Mr. Mirza).

“We’ve never been deceptive,” Plott said, noting that customers of the US Job Services product receive a digital download with tips on how to handle a USPS interview, as well as unlimited free telephone support if they need it.

“We’ve never told anyone we were the US Postal Service,” Plott continued. “We make sure people fully understand that they are not required to buy this product, but we think we can help you and we have testimonials from people we have helped. But ultimately you as the customer make that decision.”

An email address in the US Job Services teams page for another user — Stephanie Dayton — was used to register the domains postalhiringreview[.]com, and postalhiringreviewboard[.]org back in 2014. Reached for comment, Ms. Dayton said she has provided assistance to Next Level Support Centers with their training and advertising, but never in the capacity as an employee.

Perhaps the most central NextLevel associate who had access to US Job Services was Russell Ramage, a telemarketer from Warner Robins, Georgia. Ramage is listed in South Carolina incorporation records as the owner of a now-defunct call center service called Smart Logistics, a company whose name appears in the website registration records for several early and long-running US Job Services sites.

The leaked records show the email address used by Ramage also registered multiple USPS jobs-related domains, including postalhiringcenter[.]com, postalhiringreviews[.]com, postaljobs-email[.]com, and postaljobssupport1[.]com.

A review of business incorporation records in Georgia indicate Ramage was the registered agent for at least three USPS-related companies over the years, including Postal Career Placement LLC, Postal Job Services Inc., and Postal Operations Inc. All three companies were founded in 2015, and are now dissolved.

An obituary dated February 2023 says Russell Ramage recently passed away at the age of 41. No cause of death was stated, but the obituary goes on to say that Russ “Rusty” Ramage was “preceded in death by his mother, Anita Lord Ramage, pets, Raine and Nola and close friends, Nicole Reeves and Ryan Rawls.”

In 2014, then 33-year-old Ryan “Jootgater” Rawls of Alpharetta, Georgia pleaded guilty to conspiring to distribute controlled substances. Rawls also grew up in Warner Robins, and was one of eight suspects charged with operating a secret darknet narcotics ring called the Farmer’s Market, which federal prosecutors said trafficked in millions of dollars worth of controlled substances.

Reuters reported that an eighth suspect in that case had died by the time of Rawls’ 2014 guilty plea, although prosecutors declined to offer further details about that. According to his obituary, Ryan Christopher Rawls died at the age of 38 on Jan. 28, 2019.

In a comment on Ramage’s memorial wall, Stephanie Dayton said she began working with Ramage in 2006.

“Our friendship far surpassed a working one, we had a very close bond and became like brother and sister,” Dayton wrote. “I loved Russ deeply and he was like family. He was truly one of the best human beings I have ever known. He was kind and sweet and truly cared about others. Never met anyone like him. He will be truly missed. RIP brother.”

The FTC and USPS note that while applicants for many entry-level postal jobs are required to take a free postal exam, the tests are usually offered only every few years in any particular district, and there are no job placement guarantees based on score.

“If applicants pass the test by scoring at least 70 out of 100, they are placed on a register, ranked by their score,” the FTC explained. “When a position becomes open, the local post office looks to the applicable register for that geographic location and calls the top three applicants. The score is only one of many criteria taken into account for employment. The exams test general aptitude, something that cannot necessarily be increased by studying.”

The FTC says anyone interested in a job at the USPS should inquire at their local postal office, where applicants generally receive a free packet of information about required exams. More information about job opportunities at the postal service is available at the USPS’s careers website.

Michael Martel, spokesperson for the United States Postal Inspection Service, said in a written statement that the USPS has no affiliation with the websites or companies named in this story.

“To learn more about employment with USPS, visit USPS.com/careers,” Martel wrote. “If you are the victim of a crime online report it to the FBI’s Internet Crime Complaint Center (IC3) at www.ic3.gov. To report fraud committed through or toward the USPS, its employees, or customers, report it to the United States Postal Inspection Service (USPIS) at www.uspis.gov/report.”

According to the leaked back-end server for US Job Services, here is a list of the current sites selling this product:

usjobshelpcenter[.]com
usjobhelpcenter[.]com
job-postal[.]com
localpostalhiring[.]com
uspostalrecruitment[.]com
postalworkerjob[.]com
next-level-now[.]com
postalhiringcenters[.]com
postofficehiring[.]com
postaljobsplacement[.]com
postal-placement[.]com
postofficejobopenings[.]com
postalexamprep[.]com
postaljobssite[.]com
postalwebsite[.]com
postalcareerscenters[.]com
postal-hiring[.]com
postal-careers[.]com
postal-guide[.]com
postal-hiring-guide[.]com
postal-openings[.]com
postal-placement[.]com
postofficeplacements[.]com
postalplacementservices[.]com
postaljobs20[.]com
postal-jobs-placement[.]com
postaljobopenings[.]com
postalemployment[.]com
postaljobcenters[.]com
postalmilitarycareers[.]com
epostaljobs[.]com
postal-job-center[.]com
postalcareercenter[.]com
postalhiringcenters[.]com
postal-job-center[.]com
postalcareercenter[.]com
postalexamprep[.]com
postalplacementcenters[.]com
postalplacementservice[.]com
postalemploymentservices[.]com
uspostalhiring[.]com

What Counts as “Good Faith Security Research?”

The U.S. Department of Justice (DOJ) recently revised its policy on charging violations of the Computer Fraud and Abuse Act (CFAA), a 1986 law that remains the primary statute by which federal prosecutors pursue cybercrime cases. The new guidelines state that prosecutors should avoid charging security researchers who operate in “good faith” when finding and reporting vulnerabilities. But legal experts continue to advise researchers to proceed with caution, noting the new guidelines can’t be used as a defense in court, nor are they any kind of shield against civil prosecution.

In a statement about the changes, Deputy Attorney General Lisa O. Monaco said the DOJ “has never been interested in prosecuting good-faith computer security research as a crime,” and that the new guidelines “promote cybersecurity by providing clarity for good-faith security researchers who root out vulnerabilities for the common good.”

What constitutes “good faith security research?” The DOJ’s new policy (PDF) borrows language from a Library of Congress rulemaking (PDF) on the Digital Millennium Copyright Act (DMCA), a similarly controversial law that criminalizes production and dissemination of technologies or services designed to circumvent measures that control access to copyrighted works. According to the government, good faith security research means:

“…accessing a computer solely for purposes of good-faith testing, investigation, and/or correction of a security flaw or vulnerability, where such activity is carried out in a manner designed to avoid any harm to individuals or the public, and where the information derived from the activity is used primarily to promote the security or safety of the class of devices, machines, or online services to which the accessed computer belongs, or those who use such devices, machines, or online services.”

“Security research not conducted in good faith — for example, for the purpose of discovering security holes in devices, machines, or services in order to extort the owners of such devices, machines, or services — might be called ‘research,’ but is not in good faith.”

The new DOJ policy comes in response to a Supreme Court ruling last year in Van Buren v. United States (PDF), a case involving a former police sergeant in Florida who was convicted of CFAA violations after a friend paid him to use police resources to look up information on a private citizen.

But in an opinion authored by Justice Amy Coney Barrett, the Supreme Court held that the CFAA does not apply to a person who obtains electronic information that they are otherwise authorized to access and then misuses that information.

Orin Kerr, a law professor at University of California, Berkeley, said the DOJ’s updated policy was expected given the Supreme Court ruling in the Van Buren case. Kerr noted that while the new policy says one measure of “good faith” involves researchers taking steps to prevent harm to third parties, what exactly those steps might constitute is another matter.

“The DOJ is making clear they’re not going to prosecute good faith security researchers, but be really careful before you rely on that,” Kerr said. “First, because you could still get sued [civilly, by the party to whom the vulnerability is being reported], but also the line as to what is legitimate security research and what isn’t is still murky.”

Kerr said the new policy also gives CFAA defendants no additional cause for action.

“A lawyer for the defendant can make the pitch that something is good faith security research, but it’s not enforceable,” Kerr said. “Meaning, if the DOJ does bring a CFAA charge, the defendant can’t move to dismiss it on the grounds that it’s good faith security research.”

Kerr added that he can’t think of a CFAA case where this policy would have made a substantive difference.

“I don’t think the DOJ is giving up much, but there’s a lot of hacking that could be covered under good faith security research that they’re saying they won’t prosecute, and it will be interesting to see what happens there,” he said.

The new policy also clarifies other types of potential CFAA violations that are not to be charged. Most of these include violations of a technology provider’s terms of service, and here the DOJ says “violating an access restriction contained in a term of service are not themselves sufficient to warrant federal criminal charges.” Some examples include:

-Embellishing an online dating profile contrary to the terms of service of the dating website;
-Creating fictional accounts on hiring, housing, or rental websites;
-Using a pseudonym on a social networking site that prohibits them;
-Checking sports scores or paying bills at work.

ANALYSIS

Kerr’s warning about the dangers that security researchers face from civil prosecution is well-founded. KrebsOnSecurity regularly hears from security researchers seeking advice on how to handle reporting a security vulnerability or data exposure. In most of these cases, the researcher isn’t worried that the government is going to come after them: It’s that they’re going to get sued by the company responsible for the security vulnerability or data leak.

Often these conversations center around the researcher’s desire to weigh the rewards of gaining recognition for their discoveries with the risk of being targeted with costly civil lawsuits. And almost just as often, the source of the researcher’s unease is that they recognize they might have taken their discovery just a tad too far.

Here’s a common example: A researcher finds a vulnerability in a website that allows them to individually retrieve every customer record in a database. But instead of simply polling a few records that could be used as a proof-of-concept and shared with the vulnerable website, the researcher decides to download every single file on the server.

Not infrequently, there is also concern because at some point the researcher suspected that their automated activities might have actually caused stability or uptime issues with certain services they were testing. Here, the researcher is usually concerned about approaching the vulnerable website or vendor because they worry their activities may already have been identified internally as some sort of external cyberattack.

What do I take away from these conversations? Some of the most trusted and feared security researchers in the industry today gained that esteem not by constantly taking things to extremes and skirting the law, but rather by publicly exercising restraint in the use of their powers and knowledge — and by being effective at communicating their findings in a way that maximizes the help and minimizes the potential harm.

If you believe you’ve discovered a security vulnerability or data exposure, try to consider first how you might defend your actions to the vulnerable website or vendor before embarking on any automated or semi-automated activity that the organization might reasonably misconstrue as a cyberattack. In other words, try as best you can to minimize the potential harm to the vulnerable site or vendor in question, and don’t go further than you need to prove your point.