Before anyone jumps to any conclusion I do not assume everyone here is American nor that American = Good or good, only that the american idea is valuable(not necessarily right).
Initially in America, at least based on what is known or understood about the founders, the law was meant to create a baseline of protection with the rest of the population opt-ing in to enhance and, eventually, raising that baseline by trying solutions based on volunteers, essentially beta-testing the idea in their community. Why not do that here.
Some people, interested in destroying the botnet could take the solution that is worm-like itself and feed the propagation list with an opt-in mailing list(like most forum boards are on the net now) and further protect people from the risk by providing a confirmation Yes-No form before the "solution" is applied to the individual's PC, and further educate them by storing and displaying a log of the operation.
Another way to make the solution more effective is to make three tiers.
You subscribe and confirm to the "solution" online newsletter style with a clear "At your own risk" disclaimer but it has to be from the Internet IP(if behind NAT) your machine uses. The "solution" is sent out to you within a specified time. When it gets to you it:
Asks with a Yes-No button form "Did you sign up at for the 'solution' and wish to apply the solution now?"
Users selects Yes -> next step.
User selects No -> next step.
Tier 1. "solution" generates a list of steps that you can take as the user to protect your PC. If the user selected No above the "solution" then destroys itself and removes you from the newsletter list. If the user selected Yes then the "solution" asks "Would you like to apply these suggestions now?". A log is saved onto the desktop and opened for the user to see what this "solution" has done to the PC.
User selects Yes -> next step.
User selects No -> "solution" quits and removes itself from the PC but maintains you on the newsletter for further updates.
**This is tier 1 least invasive/risky for the user but also least protection.**
Tier 2. "solution" asks if you would like to remove any bad things that are on this computer and provide the user with full disclosure on what was done including how it did it in a log file saved on the desktop.
User selects Yes -> does it, removes itself from the PC, maintains your email on the newsletter for further updates.
User selects No -> goes to next step.
**This tier is secure but builds in no edge for those protecting the user, however, the paranoid individual/sysadmin can monitor a tool that may be untrusted and this allows the community to build trust and thus increase use and restrict the botnet's size.**
Tier 3. "solution" tells the user that it will now remove any threat and dictate the user only files that where manipulated or deleted and not how or why. Then the "solution" deletes itself and maintains the user on the newsletter for future updates.
**This is the best method but only if the "solution" is trusted by the user, this way the user fosters trust with the "solution" makers allowing an edge for those protecting, keeping the method of protection out of the hands of the bot makers.**
Now I suppose removing tier 2 would avoid any violation of privacy or law but it would also restrict adoption rates. It is possible that this is the model current anti-malware programs use now but at some point the details of the logs and the flow of these steps gets obfuscated too much. I suspect it is usually a fault of marketing and/or an attempt to allow a tool to be left on a system, or perhaps it is just so the makers don't lose business to another company that just uses their solution and markets it seperately. Those few things are issues that could be eradicated here by a decent supportive community of those that know how, and want to help. Personally, I am willing to volunteer to work towards something like this as long as the motive is sound and expectations are modest.
The law is only a baseline. If the law is keeping us from protecting ourselves then there is a serious problem that needs to be addressed but as far as I know we can work around, if not with, any laws that are out there. We can take the problem into our own hands to help protect each other.
Gr0kThis
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"The scale that balances Republicanism and Democracy is capitalism. Justice's scale of guilt or innocence is truth. The power that balances Congress and the Executive branches is the Judicial branch. Gravity, that immutable force behind all this measurement is the American People!"