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New law will crack down on anyone who provides a program that can be used to hack, but hackers hired by companies to test vulnerabilities say they may be swept up, too

LONDON
New anti-hacking laws in the United Kingdom are putting “ethical hackers” at risk, according to some who say the practice of using experts, some of whom are reformed malicious hackers, is necessary to maintain computer security.

London-based publication Management Consultancy says legislation designed to crack down on Internet hacking tools could penalize reputable companies who test and probe computer security at the behest of the companies who own the computers.

According to an analysis from the technology network ZDNet, much of the problem is centered on the fact that the software tools themselves are, figuratively, ethically conflicted: They can be used for both malicious and benign purposes.

While the law states that prosecutors should factor in the intent of the person providing programs that could be used for hacking, ZDNet also notes that the decision to prosecute rests on the likelihood that the program could be used for malicious purposes.

Another dilemma, notes the U.K. Register, is that the good/evil distinctions between some programs are subtle.

USA Today reports that on a worldwide basis, ethical hackers, sometimes called “White Hats,” are in hot demand because losses from malicious hacking run in the millions, and, in the United States, the Sarbanes-Oxley Act requires internal data controls for publicly traded companies.

The new U.K. law is not expected to go into effect until May.

Sources: Computing UK, Jan. 10 — Management Consultancy, Jan. 10 — USA Today, Jan. 9 — ZDNet, Jan. 3 — Register, Jan. 2.

For more information, see: Related Newsline story, Apr. 2, 2007 — Related Newsline story, Dec. 18, 2006 — Related Newsline story, Aug. 7, 2006 — Related Newsline story, Oct. 11, 2005 — Related Newsline story, Mar. 14, 2005.