MBTA makes an absurd claim

Universal Hub has posted the MBTA's latest filing (PDF) against the MIT students, in an effort to keep its restraining order in effect. It pushes hard on the problems which I mentioned in my earlier post; the slide show implied that the people who heard the talk would leave knowing how to do illegal things to the MBTA's fare system.

If the MBTA claimed simply that distributing the information would put it at risk, it might have a chance. But it goes far beyond this, asserting: "Moreover, the Presentation's plain language demonstrates that the Individual Defendants' conduct would intentionally – and not inadvertently – cause damage to a protected computer, as evidenced by the Defendants' recognition of the illegal nature of the conduct." This claim is central to the document. This is a flat absurdity. The T is trying to equate the reporting of criminally exploitable weaknesses with "plain language" expressing criminal intent.

In fact, the MBTA accuses the students of inciting illegal activity, claiming that their report "is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." The language being quoted there was intended to apply to pushing a crowd to riot or something similar. The MBTA is claiming not only that the people hearing the presentation would engage in illegal break-ins, but that they would do so imminently, presumably stirred to a frenzy by the presentation and able to turn the information to practice while in an emotionally charged state.

The MBTA's claims are lunatic. I expect the T will get slapped hard for this. at least it should.

A lot of the comments on the post are worth reading, by the way.