When HBGary CEO, Aaron Barr, kicked the beehive of Anonymous, he obviously thought he was a lot smarter than the stereotypical anonymous kid in his parents basement loading prefabricated DDOS software. He wasn't. He underestimated them by a long shot, and he is now paying for it. But this article isn't about Anonymous. I only reference them here for two reasons:
1. No one is invincible. If you think you can't get hacked, you are actually easier to hack. Everyone is vulnerable to social engineering.
2. Anonymous is the sole reason that I learned about the unethical and potentially illegal dealings of HBGary Federal, and thus my epiphany on corporate ethics that I will lay out in more detail here.
The man at the center of this, HBGary Federal CEO Aaron Barr, was a former Navy SIGINT officer. The average citizen may not know what that means, but those of us who were in the military and particularly those of us who also were SIGINT (in my case, I was a SIGINT analyst, a non-commissioned officer), know that there are very strict legal barriers on what can and cannot be done by the government, especially when it comes to collecting information or intelligence on US citizens. This is called Intelligence Oversight
(here is a pretty good US Army PPT Briefing describing it, I apologize if some of the Army lingo is unintelligible, but it is all googlable). And those involved in SIGINT were reminded of it over and over and over. And I bring this up because, to me, it makes Aaron Barr look even worse. He explicitly knows what is illegal for the government, and he allegdly suggested things that would break the law anyway. We'll get into that again shortly, but I need to also add that it is also illegal for the government to try to bypass Intelligence Oversight by contracting to a private company or person.
To jump ahead a little, let me add that I was happy to see that, according to the Wired article, none of his potential customers seemed willing to hire him.
So, let's see, what potentially illegal activities was Barr suggesting according to the Wired article?
1. Basically anything offensive involving getting unauthorized access to a person's or company's network without a lawfully obtained warrant through a judge.
2. Chumming and baiting? Feeding of false documents to expose the system or to reveal later to drive down credibility. Not sure here, but sounds like entrapment of some sort.
3. Monitoring of persons not under suspicion of legal offenses/collection of information that would be stored for extended amount of time without a warrant or other formal legal backing.
4. Covert false identity - this one I am not certain about, but I don't think this can be done casually. It must need some formal legal backing.
5. Target individuals who have no legal offenses based on their political statements. THIS is the entire reason Intelligence Oversight was created - to avoid this sort of thing from ever happening again. This is the one that makes me the most disgusted. Again, as a Navy SIGINT officer, he would have learned the reason for the oversight process over and over. As an officer, he would have been the person in charge of making sure that all of the enlisted servicemembers serving under him received this training. There is no way he could have possibly not have known that this was not only unethical, but highly illegal.
Is any of this illegal as a proposal only (not carried out?) I have no idea. I hope if it is that the correct steps have been taken to prosecute.
Some of the other things he proposed, while they may not be specifically illegal, are unquestionably unethical:
1. The holding of zero-day exploits. Ethical hackers do not hold exploits in preparation of using them later on contracted targets. Ethical hackers alert the software maker of the issue and then publish so that patches can be applied and credit given.
2. Creation of an army of fake online people to make it appear as though there is popular support for an idea or to bully and harass others. As noted in the DailyKos article, public opinion online DOES matter. It can encourage or discourage and cyberbullying is a concern. I am beyond creeped out that there is a request for sources for this type of thing on FedBizOpps (by the way, not a creepy or nepotistic website: nearly all contracts go through there for transparency purposes). I am also creeped out that one of the companies that I look up to in the community, Palantir, was involved in a proposal dealing with this and with HBGary. I agree with Nate Anderson of the Wired article, that the details of this deal probably never went all the way up the chain to the leadership of Palantir and was happy to see them immediately and clearly cut all ties with Barr, but there is a slide with their logo on it that repeats many of the unethical and illegal proposals allegedly made by Barr, indicating that there are members of that organization that saw nothing wrong with these actions.
My first response to this whole fiasco was shock. Then disgust. Then I started wondering what would happen if one of my partners proposed this deal to me, and offered me a huge cut of $$ for providing these services?
Let me put it out there that I teach and do research on Open Source Information or Open Source Intelligence and have for a long time. I specialize in following the flow of information on the internet, particularly through social networks (especially in the Middle East). Barr's claim to fame (and I use that lightly, since I hadn't heard of him up to that point and I consider myself pretty plugged in to who is who in this community) is social media exploitation. I'm not terribly impressed by the details available via the Wired article, that is actually pretty elementary to find if you know where to look, have patience and are willing to hunt a bit. But I can see why some others would be shocked by them. I suspect that others in this profession are also not that impressed, I know Anonymous wasn't, since he was apparently barking up the wrong tree in his pursuit of them. I'll tell you what I am impressed about -
that his customers were willing to pay $34,000 for three days instruction. Maybe they were blinded by the -$26,000 discount? Hello? I would have provided that sort of training (and may I brag - likely better? And legally and ethically balanced?) for under $10K. Suckers.
Back to the question: what would I do? As my company grows larger and I bring on product managers and other trainers and skill sets, what would they do? How can I guarantee that my company never goes down this track?
My epiphany: a policy on ethics. I am currently researching and building my company ethics policy. It will be a transparent and clearly worded policy and will reside on my company's 'About' page. (
Here is our website, nothing there as yet, but a new site is in development and hopefully will be unveiled before I speak at SXSW).
I'm asking for help to make sure I cover everything I need to. Here are the major points to be included so far:
1. Stay well within LEGAL paramaters, whether the customer is government or not.
2. Do not allow a partner or customer to persuade us to bend or break this policy.
3. Ethical behavior. If behavior (or even proposed behavior) is something that would embarrass or shame you or the company if seen in print someday, don't do it.
4. We stand behind our employees, believing that we have selected only the best. Should a case of illegal or unethical behavior be brought against our employees, we will continue to stand behind them through the investigative process. We will believe the best about those we have chosen to work with unless proven wrong.
5. If an employee has been found to be in violation of this policy, or the spirit of this policy, his/her employment with Plessas Experts Network, Inc. will be immediately terminated.
6. If a partner has been found in violation of legal or ethical charges, we will terminate the partnership.
I appreciate any further ideas or comments. Lets discuss this issue openly and make it less likely that this sort of thing will happen in our community again. I am a firm believer that you either have an ethical compass or you don't. Those who don't need to know that there are a number of people committed to ethics and that unethical behaviors will not be tolerated.
UPDATE: Here is where I will incorporate suggestions:
1. Give employees a method of reporting illegal or unethical events that will protect them from backlash by colleagues or supervisors. (Allow them protection to report unethical dealings of their bosses, regardless of where they are in the heirarchy. This means that if someone wants to report on something that the president/CEO has done, they can be shielded from termination or retribution while an investigation is completed.) -Thanks for the input, Kelcy!
UPDATE II: I changed the wording somewhat. Disclaimer: a person is innocent until proven guilty by a jury of their peers. This looks bad for Barr, but I have to give him some room. Maybe he was framed?