May 2006

When newspapers began to cover trials

From Caleb Crain’s “In Search Of Lost Crime” (Legal Affairs: July/August 2002):

In American cities in the 1830s, 1- and 2-cent newspapers for the working class abruptly challenged 6-cent newspapers published for merchants and political parties. As Patricia Cline Cohen explains in The Murder of Helen Jewett, an account of the 1836 killing of a New York City prostitute, the penny papers transformed the reporting of murder trials. To satisfy their unsqueamish readers, editors for the first time actively investigated crimes. James Gordon Bennett of The New York Herald pioneered by visiting Jewett’s brothel and tracking down witnesses who had not yet found their way to the police station or the courtroom. While the Herald was running the Jewett story on its front page, circulation tripled.

For a sensational trial, the penny papers sent reporters to the courtroom every day. During the trial they published daily installments, which they collected and issued as a pamphlet once it was over. The trial pamphlet blossomed. The most vivid and novelistic pamphlets are of trials that took place between 1830 and 1875: the trial of Richard P. Robinson for the murder of Helen Jewett, the court-martial of Alexander Slidell Mackenzie for his role in the so-called Somers mutiny (1843), the trial of the Harvard professor John Webster for the murder of a Harvard benefactor named George Parkman (1849), and the trial of the Lincoln assassination conspirators (1865), among others.

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Success of The Shawshank Redemption

From John Swansburg’s “The Shawshank Reputation” (Legal Affairs: March/April 2004):

Yet even King didn’t think [The Shawshank Redemption] stood a chance at the box office-and he was right. Though the movie got good reviews, and seven Oscar nominations, Shawshank in its original release grossed only about half of the $35 million it cost to make.

The movie came back from the dead on video. It was the top rental of 1995, and its popularity has not much abated since. The new Zagat film guide, for instance, rated it higher than Annie Hall and a little picture called Citizen Kane. The movie is currently ranked second on the Internet Movie Database’s Top 250 movies poll, behind only The Godfather.

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The history of the Poison Pill

From Len Costa “The Perfect Pill” (Legal Affairs: March/April 2005):

THE MODERN HISTORY OF MERGERS AND ACQUISITIONS divides neatly into two eras marked by a landmark ruling of the Delaware Supreme Court in 1985. Before then, financiers like T. Boone Pickens and Carl Icahn regularly struck terror in the hearts of corporate boards. If these dealmakers wanted to take over a company in a hostile maneuver, break it into pieces, and then spin those pieces off for a profit, it was difficult to stop them. But after a decision by the Delaware court, directors regained control of their companies’ destinies.

The directors’ trump card is a controversial innovation technically called a preferred share purchase rights plan but nicknamed the “poison pill.” Its legality was affirmed unequivocally for the first time in the Delaware ruling of Moran v. Household International. By the unanimous vote of a three-judge panel, the court held that a company could threaten to flood the market with newly issued shares if a hostile suitor started buying up lots of its stock, thus diluting the suitor’s existing holdings and rendering the acquisition prohibitively expensive. …

Still, both sides agree that the poison pill is an ingenious creation. “As a matter of lawyering, it’s absolutely brilliant,” said Stanford University law professor Ronald Gilson, a longstanding critic who nonetheless considers the poison pill to be the most significant piece of corporate legal artistry in the 20th century. …

If a hostile bidder acquires more than a preset share of the target company’s stock, typically 10 to 15 percent, all shareholders-except, crucially, the hostile bidder-can exercise a right to purchase additional stock at a 50 percent discount, thus massively diluting the suitor’s equity stake in the takeover target.

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Kaspar Hauser

From Damn Interesting’s “Feral Children“:

One of the more mysterious cases is that of Kaspar Hauser, who was discovered in Nuremberg, Germany in 1828. He was unsteady on his feet, held a letter for a man he had never met, and only spoke the phrase “I want to be a horseman like my father is.” The letter was addressed to the captain of the 4th squadron of the 6th cavalry regiment:

Honored Captain,

I send you a lad who wishes to serve his king in the Army. He was brought to me on October 7th, 1812. I am but a poor laborer with children of my own to rear. His mother asked me to bring up the boy, and so I thought I would rear him as my own son. Since then, I have never let him go one step outside the house, so no one knows where he was reared. He, himself, does not know the name of the place or where it is.

You may question him, Honoured Captain, but he will not be able to tell you where I live. I brought him out at night. He cannot find his way back. He has not a penny, for I have nothing myself. If you do not keep him, you must strike him dead or hang him.

Kaspar was about sixteen years old, but he behaved like a small child. At first, when a mirror was handed to him he would look behind it trying to find the person behind the mirror, and he burned his hand while touching a candle’s flame in curiosity. Kaspar had excellent night vision and a keen sense of smell. He detested meat and alcohol, and was offended by the smell of flowers. Unlike many of the other cases described here, Kaspar did learn much over time, eventually learning to speak enough to describe the small cage in which he had been raised, and the mysterious keeper who finally released him outside of town. But about five years after appearing from nowhere, Kaspar was assassinated. The reason for his murder might be because some believed he was the missing heir to the throne of Baden. His assassin lured him away under the pretense that they would reveal who his parents were, and stabbed him fatally in the chest. The mystery of his early life and violent death has never been satisfactorily answered.

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Word of the day: Synecdoche

Adapted from Wikipedia’s “Synecdoche“:

Synecdoche is a figure of speech that presents a kind of metaphor in which:

* A part of something is used for the whole (“hands” to refer to workers, “head” for cattle, “threads” for clothing, “wheels” for car, “mouths to feed” for hungry people, “The Press” for news media)
* The whole is used for a part (“the police” for a handful of officers, “body” for the trunk of the body, the “smiling year” for spring, “the Pentagon” for the top-ranking generals in the Pentagon building)

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Clarabell the Clown’s final – and only – words

From The New York Times‘ “Lew Anderson, 84, Clarabell the Clown and a Bandleader, Dies“:

Lew Anderson, whose considerable success as a musician, arranger and bandleader paled before the celebrity he achieved as Clarabell the Clown, Howdy Doody’s sidekick on one of television’s first children’s shows, died on Sunday in Hawthorne, N.Y. …

“Well, his feet are big, his tummy’s stout, but we could never do without,” Buffalo Bob Smith and the Kids of the Peanut Gallery sang in appreciation of his character, in a baggy, striped costume, who communicated by honking a horn for yes and no, Harpo Marx style.

Other times, Clarabell the Clown made his feelings known by spraying Buffalo Bob with seltzer, or playing a trick on him that everybody but Bob figured out immediately.

Before there was Big Bird, Barney or SpongeBob, there was Howdy Doody and his friends in Doodyville. Baby boomers grew up with “The Howdy Doody Show,” which began in December 1947 at a time when only 20,000 homes in the country had television sets. It was the first network weekday children’s show, the first to last more than 1,000 episodes and NBC’s first regularly scheduled show to be broadcast in color.

When it ended on Sept. 24, 1960, after 2,243 episodes, it was Clarabell who had the show’s last words. Since until then he had only honked, they were also his first words.

The camera moved in for a close-up of Mr. Anderson, who had a visible tear in his eye. A drum roll grew louder and then died. With quivering lips, Clarabell whispered, “Goodbye, kids.” …

In the late 1940’s, he joined the Honey Dreamers, a singing group that appeared on radio and early television shows like “The Ed Sullivan Show.” The group appeared on a musical variety television show Mr. Smith produced for NBC.

When the Clarabell part opened up on Mr. Smith’s other show, “Howdy Doody,” Mr. Smith and the other producers asked Mr. Anderson if he could juggle. “No.” Dance? “No.” Magic tricks? “No.” What can you do? “Nothing.”

“Perfect, you start tomorrow,” Mr. Smith said.

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Notes on The Strength of Weak Ties revisited

From Mark Granovetter’s “The Strength Of Weak Ties: A Network Theory Revisited” [Sociological Theory, Volume 1 (1983), 201-233.]:

The argument asserts that our acquaintances (weak ties) are less likely to be socially involved with one another than are our close friends (strong ties).Thus the set of people made up of any individual and his or her acquaintances comprises a low-density network (one in which many of the possible relational lines are absent) whereas the set consisting of the same individual and his or her close friends will be densely knit (many of the possible lines are present). …

The weak tie between Ego and his acquaintance, therefore, becomes not merely a trivial acquaintance tie but rather a crucial bridge between the two densely knit clumps of close friends. To the extent that the assertion of the previous paragraph is correct, these clumps would not, in fact, be connected to one another at all were it not for the existence of weak ties (SWT, p. 1363).

It follows, then, that individuals with few weak ties will be deprived of information from distant parts of the social system and will be confined to the provincial news and views of their close friends. This deprivation will not only insulate them from the latest ideas and fashions but may put them in a disadvantaged position in the labor market, where advancement can depend, as I have documented elsewhere (1974), on knowing about appropriate job openings at just the right time. …

The macroscopic side of this communications argument is that social systems lacking in weak ties will be fragmented and incoherent. New ideas will spread slowly, scientific endeavors will be handicapped, and subgroups separated by race, ethnicity, geography, or other characteristics will have difficulty reaching a modus vivendi. …

In the evolution of social systems, perhaps the most important source of weak ties is the division of labor, since increasing specialization and interdependence result in a wide variety of specialized role relationships in which one knows only a small segment of the other’s personality. … the exposure to a wide variety of different viewpoints and activities is the essential prerequisite for the social construction of individualism. …

She relates this difference to Basil Bernstein’s dis- tinction between restricted and elaborated codes of communication. Restricted codes are simpler-more meanings are implicit and taken for granted as the speakers are so familiar with one another. Elaborated codes are complex and universal – more reflection is needed in organizing one’s communication “when there is more difference between those to whom the speech is addressed” (p. 256). …

At a more mundane level, I argued (SWT, pp. 1369-1373; 1974, pp. 51-62) that weak ties have a special role in a person’s opportunity for mobility-that there is a “structural tendency for those to whom one is only weakly tied to have better access to job information one does not already have. Acquaintances, as compared to close friends, are more prone to move in different circles than oneself. Those to whom one is closest are likely to have the greatest overlap in contact with those one already knows, so that the information to which they are privy is likely to be much the same as that which one already has” (1974, pp. 52-53). …

Administrative or managerial employees had a pattern very much like the one I reported: 35.5 percent using weak ties, 15.8 percent strong ones, and 48.7 percent intermediate. Professionals and office workers also were heavy users of weak ties (30.8 percent and 25.8 percent but, unlike managers, used strong ties even more frequently (51.0 and 44.4 percent). Semiprofessionals found only 13.1 percent of jobs through weak ties and blue-collar workers 19.1 percent; the former found 44.9 percent of jobs through strong ties, the latter only 19.1 percent. …

One set of results is of special interest, however. Ericksen and Yancey found that less-well-educated respondents were those most likely to use strong ties for jobs …

The argument of SWT implies that only bridging weak ties are of special value to individuals; the significance of weak ties is that they are far more likely to be bridges than are strong ties. It should follow, then, that the occupational groups making the greatest use of weak ties are those whose weak ties do connect to social circles different from one’s own. …

Consistent with this interpretation is the finding of Lin and col- leagues (1981) that weak ties have positive effects on occupational status only when they connect one to high-status individuals. For those of lower status, weak ties to those of similar low status were not especially useful, whereas those to high-status contacts were. In the latter case the status difference alone strongly suggests that the ties bridged substan- tial social distance. …

Weak ties provide people with access to information and resources beyond those available in their own social circle; but strong ties have greater motivation to be of assistance and are typically more easily available. …

Pool argues, for example, that the number of weak ties is increased by the development of the communications system, by bureaucratization, population density, and the spread of market mechanisms. Further, he suggests that average family size affects the number of weak ties, since where “primary families are large, more of the total contacts of an individual are likely to be absorbed in them” (p. 5). …

In my study of job finding, for example, I found that those whose job was found through strong ties were far more likely to have had a period of unemployment between jobs than those using weak ties (1974, p. 54). …

A number of studies indicate that poor people rely more on strong ties than do others. Ericksen and Yancey, in a study of Philadel- phia, conclude that the “structure of modern society is such that some people typically find it advantageous to maintain strong networks and we have shown that these people are more likely to be young, less well educated, and black” (1977, p. 23). …

Stack (1974) studied a black, urban American, midwestern ghetto … Stack: “Black families living in the Flats need a steady source of cooperative support to survive. They share with one another because of the urgency of their needs. . . . They trade food stamps, rent money, a TV, hats, dice, a car, a nickel here, a cigarette there, food, milk, grits, and children. . . . Kin and close friends who fall into similar economic crises know that they may share the food, dwelling, and even the few scarce luxuries of those individuals in their kin network. . . . Non-kin who live up to one another’s expectations express elaborate vows of friendship and conduct their social relations within the idiom of kinship” (1974, pp. 32-33, 40). …

At the same time, I would suggest that the heavy concentration of social energy in strong ties has the impact of fragmenting communities of the poor into encapsulated networks with poor connections between these units; individuals so encapsulated may then lose some of the advantages associated with the outreach of weak ties. This may be one more reason why poverty is self-perpetuating. Certainly programs meant to provide social services to the poor have frequently had trouble in their outreach efforts. From the network arguments advanced here, one can see that the trouble is to be expected. …

Furthermore, many cultural items never transmitted by the media are known throughout an extensive network: “Youth cultures offer excellent examples of subcultures which provide a set of communication channels external to the media. Much material which is common knowledge among young people – dirty jokes, sexual lore, aggressive humor . . . is not communicated by the adult-controlled media” (p. 9). …

What makes cultural diffusion possible, then, is the fact that small cohesive groups who are liable to share a culture are not so cohesive that they are entirely closed; rather, ideas may penetrate from other such groups via the connecting medium of weak ties. It is a seeming paradox that the effect of weak ties, in this case, is homogenization, since my emphasis has been the ability of weak ties to reach out to groups with ideas and information different from one’s own. The paradox dissolves, however, when the process is understood to occur over a period of time. The ideas that initially flow from another setting are, given regional and other variations, probably new. Homogeneous subcultures do not happen instantly but are the endpoint of diffusion processes. … Fine and Kleinman note that “culture usage consists of chosen behaviors. . . . Culture can be employed strategically and should not be conceptualized as a conditioned response. Usage of culture requires motivation and, in particular, identification with those who use the cultural items. Thus, values, norms, behaviors, and artifacts constitute a subculture only insofar as individuals see themselves as part of a collectivity whose members attribute particular meanings to these ‘objects'” (1979, pp. 12-13). …

The importance of this notion is clear. If “the innovativeness of central units is shackled by vested intellectual interests (or perspectives) then new ideas must emanate from the margins of the network” (p. 460). Furthermore, as I suggested in SWT for the case of high-risk innovations (p. 1367), Chubin points out that marginals, in science, can better afford to innovate; the innovations, if useful, are seized on by the center. …

Weimann finds also, however, that strong ties are not irrelevant in information flow-the speed of flow, credibility, and especially influence are all greater through strong ties and, in fact, “most of the influence is carried through strong ties” (1980, p. 12). He suggests a division of labor between weak and strong ties: Weak ties provide the bridges over which innovations cross the boundaries of social groups; the decision making, however, is influenced mainly by the strong-ties network in each group (p. 21). …

In the bureaucratic solution, the ties are hierarchical; in the democratic clinics, many of which have reacted against the formal model, “tena- cious ties provide a matrix of close primary group relations unifying the entire structure. These strong ties strikingly resemble patterns observed in small communities, summer camps, and Jesuit monastic orders” (p. 20). …

In their analysis Breiger and Pattison studied three types of ties in the two communities-social, community affairs, and business- professional-and found that social ties function as strong ties, that business-professional ties are weak, and that community-affairs ties are strong in relation to business ties but weak in relation to social ones (1978, pp. 222-224). …

I have not argued that all weak ties serve the functions described in SWT-only those acting as bridges between network segments. Weak ties are asserted to be important because their likelihood of being bridges is greater than (and that of strong ties less than) would be expected from their numbers alone. This does not preclude the possibility that most weak ties have no such function.

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Failure every 30 years produces better design

From The New York Times‘ “Form Follows Function. Now Go Out and Cut the Grass.“:

Failure, [Henry] Petroski shows, works. Or rather, engineers only learn from things that fail: bridges that collapse, software that crashes, spacecraft that explode. Everything that is designed fails, and everything that fails leads to better design. Next time at least that mistake won’t be made: Aleve won’t be packed in child-proof bottles so difficult to open that they stymie the arthritic patients seeking the pills inside; narrow suspension bridges won’t be built without “stay cables” like the ill-fated Tacoma Narrows Bridge, which was twisted to its destruction by strong winds in 1940.

Successes have fewer lessons to teach. This is one reason, Mr. Petroski points out, that there has been a major bridge disaster every 30 years. Gradually the techniques and knowledge of one generation become taken for granted; premises are no longer scrutinized. So they are re-applied in ambitious projects by creators who no longer recognize these hidden flaws and assumptions.

Mr. Petroski suggests that 30 years – an implicit marker of generational time – is the period between disasters in many specialized human enterprises, the period between, say, the beginning of manned space travel and the Challenger disaster, or the beginnings of nuclear energy and the 1979 accident at Three Mile Island. …

Mr. Petroski cites an epigram of Epictetus: “Everything has two handles – by one of which it ought to be carried and by the other not.”

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The TSA acts outside the Constitution

From Ars Technica’s “Terrorist watch list follies, and my time in the TSA’s Constitution-free zone“:

So what are your rights if your name is unjustly on the watch-list, and you’d like to be able to move about the country without being singled out by airport screeners and possibly even traffic cops for extra attention? The answer is, unfortunately, that some of your basic Constitutional rights are effectively non-existent if you happen to get caught somewhere in America’s growing terrorist dragnet.

As of right now, there aren’t many rules to which you can appeal for redress—no laws aimed at protecting the accused, no binding judicial decisions, and few formal departmental protocols for addressing grievances. The kinds of rules and precedents that govern most of the other citizen-facing aspects of the federal bureaucracy just aren’t there when it comes to anything terrorism and/or TSA-related. …

To sum up, if you run afoul of the nation’s “national security” apparatus, you’re completely on your own. There are no firm rules, no case law, no real appeals processes, no normal array of Constitutional rights, no lawyers to help, and generally none of the other things that we as American citizens expect to be able to fall back on when we’ve been (justly or unjustly) identified by the government as wrong-doers.

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5 reasons people exaggerate risk

From Bruce Schneier’s “Movie Plot Threat Contest: Status Report“:

In my book, Beyond Fear, I discusse five different tendencies people have to exaggerate risks: to believe that something is more risky than it actually is.

1. People exaggerate spectacular but rare risks and downplay common risks.
2. People have trouble estimating risks for anything not exactly like their normal situation.
3. Personified risks are perceived to be greater than anonymous risks.
4. People underestimate risks they willingly take and overestimate risks in situations they can’t control.
5. People overestimate risks that are being talked about and remain an object of public scrutiny.

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One of the benefits of LASIK eye surgery

A few weeks ago I had my eyes fixed with LASIK eye surgery. So far I’ve been completely happy with the results – it works! In preparing for the surgery, you receive lots of printed materials to read, including a booklet titled “Patient Information”. Inside that booklet is an explanation of the surgery which contains one of the best sentences I’ve read in quite a while:

The corneal tissue has natural bonding qualities that allow effective healing without the use of stitches.

Well, gee, that’s good to know! I’d hate to have stitches in my eyeball!

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Matching identities across databases, anonymously

From MIT Technology Review‘s’ “Blindfolding Big Brother, Sort of“:

In 1983, entrepreneur Jeff Jonas founded Systems Research and Development (SRD), a firm that provided software to identify people and determine who was in their circle of friends. In the early 1990s, the company moved to Las Vegas, where it worked on security software for casinos. Then, in January 2005, IBM acquired SRD and Jonas became chief scientist in the company’s Entity Analytic Solutions group.

His newest technology, which allows entities such as government agencies to match an individual found in one database to that same person in another database, is getting a lot of attention from governments, banks, health-care providers, and, of course, privacy advocates. Jonas claims that his technology is as good at protecting privacy as it as at finding important information. …

JJ: The technique that we have created allows the bank to anonymize its customer data. When I say “anonymize,” I mean it changes the name and address and date of birth, or whatever data they have about an identity, into a numeric value that is nonhuman readable and nonreversible. You can’t run the math backwards and compute from the anonymized value what the original input value was. …

Here’s the scenario: The government has a list of people we should never let into the country. It’s a secret. They don’t want people in other countries to know. And the government tends to not share this list with corporate America. Now, if you have a cruise line, you want to make sure you don’t have people getting on your boat who shouldn’t even be in the United States in the first place. Prior to the U.S. Patriot Act, the government couldn’t go and subpoena 100,000 records every day from every company. Usually, the government would have to go to a cruise line and have a subpoena for a record. Section 215 [of the Patriot Act] allows the government to go to a business entity and say, “We want all your records.” Now, the Fourth Amendment, which is “search and seizure,” has a legal test called “reasonable and particular.” Some might argue that if a government goes to a cruise line and says, “Give us all your data,” it is hard to envision that this would be reasonable and particular.

But what other solution do they have? There was no other solution. Our Anonymous Resolution technology would allow a government to take its secret list and anonymize it, allow a cruise line to anonymize their passenger list, and then when there’s a match it would tell the government: “record 123.” So they’d look it up and say, “My goodness, it’s Majed Moqed.” And it would tell them which record to subpoena from which organization. Now it’s back to reasonable and particular. ….

TR: How is this is based on earlier work you did for Las Vegas casinos?

JJ: The ability to figure out if two people are the same despite all the natural variability of how people express their identity is something we really got a good understanding of assisting the gaming industry. We also learned how people try to fabricate fake identities and how they try to evade systems. It was learning how to do that at high speed that opened the door to make this next thing possible. Had we not solved that in the 1990s, we would not have been able to conjure up a method to do anonymous resolution.

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Killer search terms

From The Inquirer‘s “Killer phrase will fill your PC with spam”:

THERE IS ONE phrase which, if you type into any search engine will expose your PC to shed-loads of spam, according to a new report.

Researchers Ben Edelman and Hannah Rosenbaum reckon that typing the phrase “Free Screensavers” into any search engine is the equivalent of lighting a blue touch paper and standing well back. …

More than 64 per cent of sites that are linked to this phrase will cause you some trouble, either with spyware or adware. The report found 1,394 popular keywords searches found via Google, Yahoo, MSN, AOL and Ask that were linked to spyware or adware and the list is quite amusing. Do not type in the following words into any search engine:

Bearshare
Screensavers
Winmx
Limewire
Download Yahoo messenger
Lime wire
Free ringtones

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Problems with fingerprints for authentication

From lokedhs’ “There is much truth in what you say”:

The problem with fingerprints is that it’s inherently a very insecure way of authentication for two reasons:

Firstly, you can’t change it if it leaks out. A password or a credit card number can be easily changed and the damage minimised in case of an information leak. Doing this with a fingerprint is much harder.

Secondly, the fingerprint is very hard to keep secret. Your body has this annoying ability to leave copies of your identification token all over the place, very easy for anyone to pick up.

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Why infosec is so hard

From Noam Eppel’s “Security Absurdity: The Complete, Unquestionable, And Total Failure of Information Security“:

A cyber-criminal only needs to identify a single vulnerability in a system’s defenses in order to breach its security. However, information security professionals need to identify every single vulnerability and potential risk and come up with suitable and practical fix or mitigation strategy.

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Windows Metafile vulnerability

From Noam Eppel’s “Security Absurdity: The Complete, Unquestionable, And Total Failure of Information Security“:

On Dec. 27, 2005 a Windows Metafile (.WMF) flaw was discovered affecting fully patched versions of XP and Windows 2003 Web Server. Simply by viewing an image on a web site or in an email or sent via instant messenger, code can be injected and run on the target computer. The vulnerability was in the Windows Graphics Rendering Engine which handles WMF files, so all programs such as Internet Explorer, Outlook and Windows Picture and Fax viewer which process this type of file were affected.

Within hours, hundred of sites start to take advantage of the vulnerability to distribute malware. Four days later, the first Internet messenger worm exploiting the .wmf vulnerability was found. Six days later, Panda Software discovers WMFMaker, an easy-to-use tool which allows anyone to easily create a malicious WMF file which exploits the vulnerability.

While it took mere hours for cybercriminals to take advantage of the vulnerability, it took Microsoft nine days to release an out-of-cycle patch to fix the vulnerability. For nine entire days the general public was left with no valid defenses.

The WMF Flaw was a security nightmare and a cybercriminal dream.It was a vulnerability which (a) affected the large majority of Windows computers (b) was easy to exploit as the victim simply had to view an image contained on a web site or in an email, and (c) was a true zero-day with no patch available for nine days. During those nine days, the majority of the general population had no idea how vulnerable they were.

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