Are You Hosting a Terrorist Site?

• By Anastasia Tubanos, April 21, 2004

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Are You Hosting a Terrorist Site?

By Jay Lyman

April 21, 2004 -- (WEB HOST INDUSTRY REVIEW) -- Law enforcement, legal and industry experts agree it can happen: a terrorist group can promote its message on the Web through a site hosted with a US or North American hosting company that may not even be aware of it. And a more subtle case of unwitting participation can take place when terrorists use seemingly innocent Internet sites to secretly communicate or even coordinate attacks.

While pro-terrorist messages may be protected by free speech and steganography, and other encrypted communication by terrorists may be nearly impossible for hosting operations to detect, the industry does rely on acceptable use policies to take down some extremist sites while working with law enforcement to assist in intelligence-gathering, provided the proper legal procedures have been followed, of course.

The idea that terrorist groups, including Hezbollah and Hamas, are technically inept has proven to be a misconception, with Middle Eastern groups labeled terrorists by the US government taking full advantage of the Internet, encryption and other technologies, says TruSecure (trusecure.com) director of risk assessment Paul Robertson. He refers to terrorist groups such as Hamas that have historically had well-designed Web sites with "great content, presentation and really with it from a front organization perspective."

Paul Bresson, a spokesperson with the FBI's Cyber Division, says that law enforcement hears about a whole variety of would-be terrorist sites, "some of which are legitimate, most of which are not."

Bresson, who indicates that terrorists are becoming more adept with technology and could leverage it for a future attack, says if a Web site has a message supporting terrorists or their activities, yet is not involved in raising funds or otherwise directly supporting terrorists, it is not subject to law enforcement action.

"It couldn't be," Bresson says, making reference to free speech protections of the US constitution.

Stewart Baker, a partner with Internet and technology law firm Steptoe & Johnson (steptoe.com), says illegal content such as child pornography is often taken down after a request from law enforcement. As for content that may not necessarily be illegal but is unacceptable to society -- glorification of suicide bombings for example -- hosts tend to look to their own terms and conditions of services, Baker says.

"The usual response is to invoke acceptable use policies," he says. "If it is generally offensive or something the community won't tolerate, it is usually a violation of acceptable use policies the host already has in place."

Still, TruSecure's Robertson warns that hosting companies run the risk of legal exposure if they exert editorial control over content of sites that are hosted on their servers, whereas a hands-off approach allows them to claim a less liable, common carrier kind of status.

Interland (interland.com) CTM Director of Information Security and Controls Jeffrey Reich says his company's security and controls team works with its legal counsel to constantly review the laws applicable to hosting and the controls team is always looking for and investigating suspicious online behavior known to be associated with illegal activities.

"Our acceptable use policy and terms of service clearly state that we do not permit illegal content or activities to take place on our servers," Reich says. "Whenever we encounter illegal activity of any type on our servers, we take immediate steps to ensure it is stopped," he adds. "We then fulfill our obligations by reporting it to the appropriate authority."

Robertson says most hosting companies are cognizant of the sites they are hosting, and the traffic and attention those sites get.

"They know the good and bad points and what are the legal and social implications of those sites," he says.

What may be harder or arguably impossible for hosts or law enforcement to monitor is the use of Internet sites for secret communication by terrorists. Terrorism experts and US reports indicate that for at least the last five years, terrorist communication on the Web in the form of encrypted messages and steganography has been widespread, with the bad guys reportedly hiding images, maps and more on pornographic bulletin boards, in sports and other chat rooms and elsewhere on the Internet. The FBI's Bresson acknowledges the clandestine communication, which he says can be useful to law enforcement officials, particularly if it corroborates other intelligence or is corroborated by other information.

"I'm not going to deny that that kind of thing takes place," Bresson says. "If there are instances where there is significant evidence to suggest some communication is taking place on any telecommunication network where there's an inference of a crime or terrorist activity, we get an order from the court to intercept and we would."

Steptoe & Johnson's Baker says while Web hosts should and do usually cooperate fully with law enforcement when officials follow the proper procedures, it would be too much to ask Web hosts to be responsible for the content or use of sites they host, especially "subterranean" or hidden use.

"I think it would be very hard for Web hosts themselves to effectively monitor the many ways people can misuse a Web site for that kind of thing," Baker says. "That can happen and does. [Hosting companies] might get a law enforcement order allowing access to collect communication hidden on a site."

Baker adds that the surreptitious use of sites is more of an issue for both government and industry recently because there is more of a focus on terrorist Internet activity.

"This is not an issue that has only arisen once," he says.

Interland's Reich says the company focuses its resources on preventing illegal activity and investigating complaints it receives about sites that may be violating its acceptable use or terms of service.

"Beyond that, we work with the appropriate authorities as requested," Reich says. "Combating those trying to use the Internet for illegal means is an ongoing activity for any legitimate hosting company. Although Interland, given its resources, is better positioned than many smaller hosting companies to identify and stop illegal activities, there is no way to guarantee that everyone using our services will follow the law -- only constant vigilance and a readiness to react quickly and effectively if someone doesn't."

Robertson, who speculates most organizations that want to cover their communication would stay away from major hosting providers, particularly in the US, refers to a transformation on the part of law enforcement. Officials might previously have pulled all the machines in a data center, but now understand that "things are a two-way street" when dealing with hosting companies.

"You're seeing a lot more cooperation, a lot more civility, a lot more knowledge," Robertson says. "Cyber issues have been a huge change for law enforcement."

The FBI's Bresson agrees that the cooperation from hosts and service providers has gone from solid to better since the terrorist attacks of 9-11 and the war on terrorism.

"Web hosts have been more cognizant of it too and there's a real desire to work with law enforcement as well," he says. "No one's in business to be indirectly supporting any kind of activity like that. Especially after 9-11, even before then it was good. It's probably enhanced since then."

Tags:  government  security  Appro  ETT  Intel  Major Host  NEC  TruSecure 

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