Experts say the precipitous drop-off in spam comes from Internet providers unplugging McColo Corp., a hosting provider in Northern California that was the home base for machines responsible for coordinating the sending of roughly 75 percent of all spam each day.

Certainly this won't last:

Bhandari said he expects the spam volume to recover to normal levels in about a week, as the spam operations that were previously hosted at McColo move to a new home.

"We're seeing a slow recovery," Bhandari. "We fully expect this to recover completely, and to go into the highest ever spam period during the upcoming holiday season."

But with all the talk of massive botnets sending spam, it's interesting that most of it still comes from hosting services. You'd think this would make the job of detecting spam a lot easier.

District Court Holds that Running Hash Values on Computer Is A Search: The case is United States v. Crist, 2008 WL 4682806 (M.D.Pa. October 22 2008) (Kane, C.J.). It's a child pornography case involving a warrantless search that raises a very interesting and important question of first impression: Is running a hash a Fourth Amendment search? (For background on what a "hash" is and why it matters, see here).

First, the facts. Crist is behind on his rent payments, and his landlord starts to evict him by hiring Sell to remove Crist's belongings and throw them away. Sell comes a cross Crist's computer, and he hands over the computer to his friend Hipple who he knows is looking for a computer. Hipple starts to look through the files, and he comes across child pornography: Hipple freaks out and calls the police. The police then conduct a warrantless forensic examination of the computer:

In the forensic examination, Agent Buckwash used the following procedure. First, Agent Buckwash created an "MD5 hash value" of Crist's hard drive. An MD5 hash value is a unique alphanumeric representation of the data, a sort of "fingerprint" or "digital DNA." When creating the hash value, Agent Buckwash used a "software write protect" in order to ensure that "nothing can be written to that hard drive." Supp. Tr. 88. Next, he ran a virus scan, during which he identified three relatively innocuous viruses. After that, he created an "image," or exact copy, of all the data on Crist's hard drive.

Agent Buckwash then opened up the image (not the actual hard drive) in a software program called EnCase, which is the principal tool in the analysis. He explained that EnCase does not access the hard drive in the traditional manner, i.e., through the computer's operating system. Rather, EnCase "reads the hard drive itself." Supp. Tr. 102. In other words, it reads every file-bit by bit, cluster by cluster-and creates a index of the files contained on the hard drive. EnCase can, therefore, bypass user-defined passwords, "break down complex file structures for examination," and recover "deleted" files as long as those files have not been written over. Supp. Tr. 102-03.

Once in EnCase, Agent Buckwash ran a "hash value and signature analysis on all of the files on the hard drive." Supp. Tr. 89. In doing so, he was able to "ingerprint" each file in the computer. Once he generated hash values of the files, he compared those hash values to the hash values of files that are known or suspected to contain child pornography. Agent Buckwash discovered five videos containing known child pornography. Attachment 5. He discovered 171 videos containing suspected child pornography.

One of the interesting questions here is whether the search that resulted was within the scope of Hipple's private search; different courts have approached this question differently. But for now the most interesting question is whether running the hash was a Fourth Amendment search. The Court concluded that it was, and that the evidence of child pornography discovered had to be suppressed:

The Government argues that no search occurred in running the EnCase program because the agents "didn't look at any files, they simply accessed the computer." 2d Supp. Tr. 16. The Court rejects this view and finds that the "running of hash values" is a search protected by the Fourth Amendment.

Computers are composed of many compartments, among them a "hard drive," which in turn is composed of many "platters," or disks. To derive the hash values of Crist's computer, the Government physically removed the hard drive from the computer, created a duplicate image of the hard drive without physically invading it, and applied the EnCase program to each compartment, disk, file, folder, and bit.2d Supp. Tr. 18-19. By subjecting the entire computer to a hash value analysis-every file, internet history, picture, and "buddy list" became available for Government review. Such examination constitutes a search.

I think this is generally a correct result: See my article Searches and Seizures in a Digital World, 119 Harv. L. Rev. 531 (2005), for the details. Still, given the lack of analysis here it's somewhat hard to know what to make of the decision. Which stage was the search — the creating the duplicate? The running of the hash? It's not really clear. I don't think it matters very much to this case, because the agent who got the positive hit on the hashes didn't then get a warrant. Instead, he immediately switched over to the EnCase "gallery view" function to see the images, which seems to be to be undoudtedly a search. Still, it's a really interesting question.

Examples include:

• GSM mobile phones have an identifier for the phone (separate from the identifier for the user) that can be blacklisted when the phone is stolen.
• Some car radios will stop working when the battery is disconnected, and only start working again when a numeric code is entered. This is intended to deter theft of the radio.
• In Windows Vista, Bitlocker can be used to encrypt files. One of the intended applications for this is that if someone steals your laptop, it will be difficult for them to gain access to your encrypted files.

Ross told a story of what happened when he needed to disconnect the battery on his car: the radio stopped working, and the code he had been given to reactivate it didn’t work - it was the wrong code.
Ross argues that these reactivation codes are unecessary, because other measures taken by the car manufacturers - such as making radios non-standard sizes, and hence not refittable in other car models - have made them redundant.

I described how the motherboard on a laptop had needed to be replaced recently. The motherboard contains the TPM chip, which contains the encryption keys needed to decrypt files protected with Bitlocker. If you replace the motherboard, the files on your hard disk will become unreadable, even if the disk is physically OK. Domain-joined Vista machines can be configured so that a sysadmin somewhere within your organization is able to recover the keys when this happens.

Both of these situations suffer from classic usability problems: the recovery procedures are invoked rarely (so users may not know what they’re supposed to do), and, if your system is configured incorrectly, you only find out when it is too late: you key in the code to your radio and it remains a doorstop; the admin you hoped was escrowing your keys turns out not to have the private key corresponding to the public key you were encrypting under (or, more subtly: the person with the authority to ask for your laptop’s key to be recovered is not you, because the appropriate admin has the wrong name for the laptop’s owner in their database).

I also described what happens when an XBox 360 is stolen. When you buy XBox downloadable content, you buy two licenses: one that’s valid on any XBox, as long as you’re logged in to XBox live; and one that’s valid on just your XBox, regardless of who’s logged in. If a burglar steals your Xbox, and you buy a new one, you need to get another license of the second type (for all the other people in your household who make use of it). The software makes this awkward, because it knows that you already have a license of the first type, and assumes that you couldn’t possibly want to buy it again. The work-around is to get a new email address, a new Microsoft Live Account, and a new Gamer Tag, and use these to repurchase the license. You can’t just change the gamertag, because XBox live doesn’t let the same Microsoft Live account have two gamertags. And yes, I know, your buddies in the MMORPG you were playing know you by your gamertag, so you don’t want to change it.

It's unclear if this error is random or systemic. If it's random -- a small percentage of all votes are dropped -- then it is highly unlikely that this affected the outcome of any election. If it's systemic -- a small percentage of votes for a particular candidate are dropped -- then it is much more problematic.

Ohio is trying to sue:

Ohio Secretary of State Jennifer Brunner is seeking to recover millions of dollars her state spent on the touch-screen machines and is urging the state legislature to require optical scanners statewide instead.

In a lawsuit, Brunner charged on Aug. 6 that touch-screen machines made by the former Diebold Election Systems and bought by 11 Ohio counties "produce computer stoppages" or delays and are vulnerable to "hacking, tampering and other attacks." In all, 44 Ohio counties spent $83 million in 2006 on Diebold's touch screens.

In other news, election officials sometimes take voting machines home for the night.

My 2004 essay: "Why Election Technology is Hard."

If you still subscribe to fixed site recovery services using shared IT infrastructure from the likes of HP, IBM BCRS, or SunGard, among others, you will quickly become a dinosaur in the next 1 to 2 years.

These types of shared infrastructure services involve lengthy restores from tape and a recovery time objective of 72 hours, at best. Plus, you'll be lucky if you recover at all because chances are, you've had trouble scheduling a test with your service provider and it's been a LONG time since the last one, if indeed you’ve ever tested.

72 hours recovery just doesn't cut it anymore. And frankly, understanding your provider's oversubscription ratio to shared infrastructure to determine the risk of multiple invocations, or attempting to negotiate exclusions zones and availability guarantees is a time suck. Most companies are either taking DR back in-house or, if they still rely on a DR service provider, they are using dedicated infrastructure.

A dedicated infrastructure is attractive as it enables replication to improve recovery objectives. But it’s expensive, and puts advanced IT recovery out of the reach of many companies who can't measure downtime in millions of dollars.

But, there are new services on the horizon that will make advanced IT recovery affordable for the masses. This month SunGard announced the availability of its new Virtual Server Replication Service. As I discussed in my most recent Forrester Wave™ of DR Service Providers and other reports, server virtualization is transforming IT recovery. With replication to a virtualized server infrastructure and shared storage infrastructure, customers can enjoy improved recovery-time and recovery-point objectives without the cost of dedicated and custom IT recovery solutions from the DR services provider.SunGard is the first DR service provider to productize these virtual services. I expect other DR service providers to follow suit.

So, the next time your contract is up for renewal, you need to completely rethink your approach to IT recovery. Get off tape and move to these new virtual services. It will improve your recovery capabilities and you don't have to worry about the oversubscription issue with shared virtual infrastructure -- the DR provider can manage capacity much more easily in this environment. In fact, SunGard is offering an RTO SLA of 6 hours as part of the offering. To my knowledge, this is the first time a DR service provider is offering this as part of a standard contract. I'm looking forward to the day when vendors will offer most services with transparent, subscription-based pricing, and standard contract terms that don't take a team of procurement professionals to negotiate.