=Paper= {{Paper |id=Vol-1856/p11 |storemode=property |title=End-user license agreement - threat to information security: a real life experiment |pdfUrl=https://ceur-ws.org/Vol-1856/p11.pdf |volume=Vol-1856 |authors=Žygimantas Kaupas,Jonas Čeponis }} ==End-user license agreement - threat to information security: a real life experiment== https://ceur-ws.org/Vol-1856/p11.pdf
     End-user license agreement - threat to information
              security: a real life experiment
                    Žygimantas Kaupas                                                              Jonas Čeponis
                     Faculty of Informatics                                                    Faculty of Informatics
               Kaunas University of Technology                                            Kaunas University of Technology
                       Kaunas, Lithuania                                                         Kaunas, Lithuania
              e-mail: zygimantas.kaupas@ktu.edu                                             e-mail: jonas.ceponis@ktu.lt


    Abstract—This paper analyses end-user license agreement               products. However, it can become a tool against the final user
(EULA) and its impact on security of information and                      too [3].
information technologies. Popular opinion suggests that people
tend to accept EULA legal statements without good                             Multiple parameters have to be defined in order to evaluate
understanding of potential impact on their confidential data. To          if the user understood the license agreement before he
have a clear picture about current situation, real life experiment        consented to it. The most important objective variable R
with specifically created license text was conducted. The results         indicates the total amount of document readings. An additional
reveal serious information security flaws.                                subjective variable – understanding (U) – can be applied,
                                                                          however, it is too ambiguous to use without extensive
    Keywords—end-user license agreement; EULA; acceptance                 questionnaires after the experiment. It is expected that for this
without reading                                                           EULA research the ratio between R and D (total amount of
                                                                          program downloads) will be at least 1/2. This would indicate
                       I.    INTRODUCTION                                 that more than half of participants read the license agreement
                                                                          text.
    As more and more data is stored online and the number of
internet users is constantly increasing, creators of malicious
software are persistently looking for some innovative ways to             A. Ways of accepting the EULA and its drawbacks
acquire valuable confidential information.                                   There are number of methods how a user might accept the
                                                                          EULA (sometimes even without knowledge of doing so) [2]:
    When recent malware, spyware, ransomware and other
digital attacks were disclosed publicly and attracted a lot of                by clicking on “I agree” button during the software
attention [1], common trust in online information decreased                    installation;
notably. It is a commendable general practice to use an
antivirus solution, do not open suspicious links or give your                 by opening the shrink wrap on the package;
confidential data to an untrusted source. However, one attack                 by breaking the seal on the case;
vector is often forgotten.
                                                                              by sending a special card back to the software
    Digital world is no longer imaginable without countless                    publisher;
number of various software. Almost all of it asks the user to
accept the end-user license agreement (EULA) before the start                 by executing a downloaded file (applicable more to
of an installation process. Following part is frequently                       UNIX systems);
overlooked by most of the users, even though real security
                                                                              by using the software.
threats might be hidden there.
                                                                             Users trust in the information found online will be tested
   This work analyses the concept of EULA and its
                                                                          with the first of the above-mentioned methods, since it is the
drawbacks. Users trust in the information found online is tested
                                                                          most common one used in practice nowadays.
with a software, which is made for this experiment and has a
specifically designed EULA text. Obtained results enable                      From the acceptance methods list it is already obvious that
identification of the problem scope and propose actions, which            notifying the user about EULA terms is the least important
could help in closing this security gap.                                  objective for the software developers. Even more, this
                                                                          drawback is only the first one of many criticism objects related
        II.    END-USER LICENSE AGREEMENT ANALYSIS                        to this document.
    End-user license agreement is a legal contract between a                 One of the most criticized aspects of EULA is its length [4].
software application author or publisher and the user of that             On average, it reaches 3000 words (11 pages with double
application [2]. This document should be used for protecting              spacing), but on some cases this number is more than 10 times
software creators from copyright infringements and liabilities            bigger (in 2012 PayPal EULA contained 36 275 words [5]).
when something goes wrong because of the mistakes in their

   Copyright © 2017 held by the authors




                                                                     55
Unfortunately, there is no data available how many (if any)              confidential information except when the user is informed and
users read these documents at all.                                       gave his agreement [10]. Similar principles are echoed in other
                                                                         legal documents about access to personal data. EULA perfectly
   In addition, difficult legal terminology is always used in            fits the aforementioned principle – inform and receive a
EULA language. This significantly decreases documents’                   consent.
readability and contradicts the main idea, that all people should
be able to read and understand it. Also, terms that may be                   Situation in European Union is very similar to Lithuania’s –
harmful to user system or information confidentiality can be             there is still a shortage of court decisions related to the
well hidden among those legal phrases.                                   discussed document. According to E-commerce directive [11],
                                                                         each member state could exclude electronic agreement from
B. Common Harmful EULA Terms                                             binding documents list. However, as of 2011, none has selected
     Even well-known companies use EULA for specific                     this option and no information is present that it is chosen by
purposes. User monitoring is very often mentioned in this                anyone today [12].
document. For example, in order to have a fully functional user             Finally, even birthplace of EULA – USA – has no common
assistant Cortana in Microsoft Windows 10 operating system,              verdict regarding legal obligations of this document. Related
agreement on user data (installed programs, browsing history,            judgements are always made ad hoc. However, statistics are in
etc.) collection by default is included into EULA. These                 favor of EULA and some widely-publicized trials ended in
settings can be disabled later, but that would cost some time,           supporting this document and thus strengthened its legal power
knowledge and effort for the end user [6].                               even more [13].
    Facebook on the other hand claims that it can use any
digital content posted by its users for any companies’                   D. EULA’s research and known solutions.
objectives as long as this media is not deleted from the website.            There is not a lot of academic attention to this document
Users’ photos or videos could be included in an advertising              neither in Lithuania nor in the world. No published research
material without any official notifications [7].                         could be found in Lithuanian language where EULA is the
                                                                         main analysis object. This document is seldom mentioned only
    The restriction to criticize the software or compare it with         in the context of intellectual property protection, but nowhere
similar products can be also found in EULA text. Even though             the potential threat of the software license agreement to
in 2003 global computer security company McAfee was                      confidential information or IT infrastructure is discussed.
penalized for forbidding benchmark publications in such way,
today well-known software products like Microsoft SQL                        Somewhat more research was done regarding the user
Server or VMware Workstation still use similar restrictions in           familiarity with EULA text (before accepting it) worldwide.
their EULA [8]. It is obvious that some terms are so desirable,          One of the most famous and extensive experiments was made
that even financial punishment does not frighten software                in 2010 by Rainer Böhme and Stefan Köpsell [14]. They
creators.                                                                evaluated 80 000 respondents and concluded that less than 8%
                                                                         of them spent enough time to read the presented EULA text
    Finally, some IT giants like Microsoft or Google granted             before clicking the accept button.
themselves the right to change users operating system state
(uninstall programs, change settings, etc.) based on EULA.                   Other experiments gave similar results. In 2005 antivirus
Officially this could be easily explained as a basic user                company PC Pitstop included information about the 1000$
protection; however, it does not exclude a possibility to delete         prize in their EULA text. It was granted to the first responder
some unwanted software or change required settings without               who will write them a letter about it. The winner showed up
any warning or justifying cause. Furthermore, Google allows              only after 4 months and 3000 downloads [15]. Similar results
itself to change EULA without a warning at any time. The                 occurred when cyber security solutions company F-Secure
underlying presumption is that user will check the latest                decided to do a Wi-Fi experiment and gave free public access
version of this document from time to time [9]. Even though              to a specific hotspot only if the user agreed to give away his
authors do not think that these well-known companies would               firstborn child [16]. In only 30 minutes 33 connections were
risk their good name to exploit terms mentioned above, but               made and there were no complaints about that tricky clause
there are number of those, who certainly would.                          whatsoever.
                                                                             On the other hand, there are just a few solutions to evaluate
C. Legal EULA Analysis                                                   and automatically guard yourself against potential threats
    There are many discussions online where EULA’s legal                 written in EULA. In the middle of 2012 the project called
obligations are debated. Usually people tend to think that this          “Terms of Service; Didn't Read” started with a lot of public
document is like an informational message or standard                    attention [17]. It rated and labeled websites terms & privacy
instruction, despite its usual start with the words “important           policies into five groups and specified pros and cons from their
legal agreement”. Situation is even more complicated in                  agreements. Sadly, the last entry is dated July 2014 and it
Lithuania, since there are no judicial practices related to this         appears as the project is no longer active. Similar situation is
question and even the EULA document itself most of the time              with an application that automatically analyses EULA –
is written in English language.                                          “EULAlyzer” [18]. Though this program is still the best
  The Republic of Lithuania Law on Electronic                            solution at the moment, it is also no longer developed and left
Communications states that it is forbidden to gather any digital         with very limited functionality.




                                                                    56
       III.   EXPERIMENT OF USERS TRUST IN THE EULA                       unknown simple application would bother to use native
                                                                          language in its license agreement.
A. Research environment and collected data
                                                                              Other details were selected according to the standard
    This experiment was performed at the end of 2016. 653                 license agreement: length of 3000 words, difficult legal
first year students of Informatics faculty of Kaunas University           language, liability limitations of software developer, etc.
of Technology were selected for this investigation. The defined           Several specific statements were created to trigger reader’s
scope helped in achieving several goals:                                  attention and placed in the middle of EULA document text.
    to have a limited and known respondents number;                          The first statement was labeled “Technical assistance” and
    to make sure that users do have greater than minimum                 had an active link to the application’s support page. When
     computer literacy skills;                                            visiting it, user could get an access to the desired bonus content
                                                                          without installing malicious application. Users who entered this
    to analyze the behavior of users which have a                        page during the experiment and downloaded resources from it,
     motivation to participate.                                           were categorized as those who have read the EULA.
    Experiment was carried out in the form of knowledge                       The next specific statement was a mixture of indications
testing application for a specific university course. Students            that this document is not a standard sample. One piece stated
received a link to the downloadable application Quizza via an             that “user data will be sent to the developer to have a better
email from the course lecturer. It was specifically stated that           application security” (without any detailed explanation why or
this program is a personal project with potential programming             what exactly will be shared). Another part was a reference to
errors. If the student answered more than 50% of test questions           the Republic of Lithuania Law On Legal Protection Of
correctly, he received a link to the bonus material. No other             Personal Data [20] and data collection for scientific reasons.
information about the experiment was given in the email text.             Finally, the last statement advised to cancel the installation and
Even though the email sender in this case was not fake (in real-          visit technical assistance page if the user does not agree with
life phishing scenarios attacker tries to mimic the valid source),        the license text.
publication method and the fact that Quizza program was
presented only once (no references were made during live                  C. Applications for Windows and Android operating systems
lectures) should have raised at least some mistrust.                          Two environment options were presented for the users in
    When user wanted to install the testing application on either         the experiment: Windows .msi or Android .apk installer files of
Windows operating system machine or Android mobile device,                a Quizza application. Both operating systems are the most
it prompted the EULA to be accepted otherwise installation                popular in their domain with highest usage count [21].
will be canceled. Every step of this experiment was made to                   In the Windows environment EULA usually has an
replicate real world scenario as close as possible.                       additional dialog window where “Next” or “I agree” button has
    If users accepted the specifically modified EULA                      to be pressed in order to proceed. One common safeguard was
document, the installed software not only performed expected              added in our experiment to stop the user from automatically
and visible functions, but also collected and sent some data              pressing the same button (usually “Next”) throughout all
from the machine it was running in. Actions with personal data            installation process: additional agreement checkbox had to be
are very restrictive and in most cases need various user                  selected before continuing to the next step.
approvals even for research purposes, therefore only a limited                The unsophisticated testing environment would be loaded
set of parameters for data collecting was chosen, which                   afterwards, where users have to answer five out of ten
demonstrated access possibilities and security risks, but did not         questions correctly in order to get the desired extra content.
allow the exact person identification. This set included number           Experimental application for devices running Windows was
of attached memory devices (hard drive, USB, CD/DVD),                     developed using Java programming language. It is a very
letter assigned to each drive (in Windows operating system)               lightweight solution where minimal code complexity is added
and the amount of free/occupied space. For the software to                only because of GUI (JavaFX package was used for its
access these parameters it needs to have high privileges in the           development). During the test user received a random question
system. In comparison, it would be impossible to get this                 from a .txt file where the list of 30+ of them is present. Final
information by using a malicious web application.                         score was counted after 10 questions. If minimal amount of 5
                                                                          points is not reached, user can retry the attempt with another
B. Design of special EULA                                                 random set of questions.
    Specific EULA text was developed for this experiment.
                                                                              In parallel to this activity, Quizza application used standard
Antivirus software Kaspersky license agreement was selected
                                                                          Java libraries to collect information about memory devices and
as a base model [19]. One difference from the standard EULA
                                                                          third party email client Gmail to send data to the mailbox
sample was that this time the document was written in
                                                                          prepared for this experiment. None of the existing user’s
Lithuanian language. Such modification made the EULA
                                                                          accounts were used for this process – the mail address of the
compliant to the country’s law. It also helped evaluating
                                                                          sender was also created for this project and hardcoded into the
whether the language does any difference to the readability of
                                                                          application.
EULA and if that raises some questions for end users, why an




                                                                     57
    From the architectural point of view, two classes in                       Main quizza.tk page during the whole experiment displayed
application were separate and not connected to the quiz type               notification “Site under maintenance. We’ll be back soon”.
functionality. SpaceIO class had 4 variables (driveLetter,                 This fraud was applied in order to save time needed for a
driveType, driveTotalSpace and driveFreeSpace) and                         detailed website creation herewith creating a false expectation
calculateSpace() method. If the method succeeded without any               that such page really exists. In addition, it removed the
exceptions, all these 4 parameters were passed to Email class              possibility of navigation inside the page, which was needed to
and sendEmail() method was invoked.                                        monitor how many students visited one or another link
                                                                           (prevented browsing through all the resources at once).
    This class had several variables already hardcoded, like
username, password, recipient, port, host, etc. Such solution                  Furthermore, information about applications and website
enables keeping all code execution within an application. No               was sent from the mailbox of course instructor to all students.
calls to other programs or services are required. From this short          In our case, the sender was not falsified, but nowadays it is
description is obvious that experimental application is very               quite straightforward to alter this data and present it as coming
simple and could be created by anyone having even limited                  from non-related legit source. Multiple links (separate for
programming skills. Still even this is enough to gather                    Windows and Android applications) were included in the email
important data or invoke malicious code inside another user                message. In practice, such method (well know source and some
system.                                                                    references to additional material) is commonly used for fraud
                                                                           purposes.
    Android application did not have any major differences
neither with respect to functionality, nor related to hidden                   All links had a server side PHP script, which monitored
processes. Its Application Programming Interface (API)                     how many times each of these references were clicked by the
enables accessing many system parameters, however to do so it              user. Three counters were set-up for each application to have
asks the user to grand rights in a special “App permissions”               versatile results of the experiment: how many times it was
dialog before installing the application. During the testing stage         downloaded, how many people read the EULA and visited the
it was noticed that Android version is more stable and reliable            “technical assistance page”, how many students agreed with
because mobile devices usually do not have any antivirus or                the license, solved the test and downloaded bonus content
other security software, which could block the outbound traffic.           afterwards.
    Compared to Windows version, Android Quizza
application is even less complicated, because GUI and part of                             IV.   RESULTS OF THE EXPERIMENT
system resources could be manipulated directly. In the Android                 From the initial email with details about these programs
environment it is easy to track whether the user has already               until the disclosure of the experiment two weeks were given for
accepted the EULA for a specific program version even after it             students.
is reinstalled many times in the same system. This enables the
reduction of the amount of data being sent to the “attacker” and               As it is observable from Table I, more than a half of
removes all possibilities of information duplication.                      downloads ended up with application being installed and test
                                                                           passed. However, this statistic does not mean that similar
    On one hand, there are almost no obstacles for malicious               number of students read the EULA and reached extra content
processes to perform hidden actions once the program is                    via different link. Alternative route has not been visited at all,
installed in the Android device. On the other hand, special                so EULA has not been read even once. What is more, almost
permission window is displayed to the user before successful               80% of those who passed the test shared their system data
application installation. If the user pays attention to this dialog        unknowingly.
and has an idea how the program should work, any
unnecessary privileges included in the list would certainly
cause suspicion. This might result in user terminating the                           TABLE I.      WINDOWS PROGRAM STATISTICS
process before the attacker gathers any valuable data from that                   Times           Test        Data about
device.                                                                                                                        EULA read
                                                                                downloaded       passed     devices received
                                                                                    245           130             103              0
D. Distribution environment of created programs
    For the successful experiment, one needs to have not only
prepared applications, but also the way to share them without                  Biggest interest in experimental application was during the
causing any doubt about their legitimacy. Having this in mind,             next day after the announcement – data about 62 devices (60%
a bogus website quizza.tk was created. Only free services were             from total amount) was received. As it was expected, not only
used for its creation: .tk domain name and free Lithuanian                 hard drives, but also USB devices and CDs/DVDs were
hosting provider. Similar approach would allow an attacker to              monitored. Even though during the testing stage, some
make a number of identical copies/alternatives of the                      antivirus solutions proved that they would stop “malicious”
distribution environment without spending a cent. In addition,             traffic from leaving user computer, other ones did the opposite.
during the registration for these services no real personal                For example, specific Avast versions even inserted additional
information was entered and no trackable financial payments                text to the email that was sent without user awareness – “---
were made thus allowing the real owner to stay hidden.                     This email has been checked for viruses by Avast antivirus
                                                                           software. https://www.avast.com/antivirus”. Even after
                                                                           experiment disclosure was made, 13 students used the




                                                                      58
application and thus shared their data to the author (1 from               lessons from 5 thousand years’ legend about Trojan Horse are
those even after 1.5 month from that date). It looks like people           still not learned. Why bother breaking down multiple security
still trust the program despite knowing that it did things with            layers if the user himself will take you inside?
their machine without their awareness.
    Result of Android application experiment are presented in                                              REFERENCES
Table II. In general they are very similar to Windows version,             [1]  M. Ward, “'Alarming' rise in ransomware tracked”. Available:
however even less students who downloaded the application                       http://www.bbc.com/news/technology-36459022             [Accessed:       22
                                                                                February 2017].
bothered to finish the test with required result (probably they
wanted just to see the application’s appearance, expected to get           [2] M. Rouse, “End User License Agreement (EULA)”. Available:
                                                                                http://searchcio.techtarget.com/definition/End-User-License-Agreement
different practice questions or just installed it on multiple                   [Accessed: 21 February 2017].
various devices). Surprisingly that even though there are                  [3] J. Newman, “Top EULA Gotchas: Website Fine-Print Hall of Shame”.
usually no security solutions in the mobile environment, 10%                    Available:
less (70% on Android compared to 80% on Windows) data was                       http://www.pcworld.com/article/249396/top_eula_gotchas_website_fine
successfully gathered from this malicious application. Overall,                 _print_hall_of_shame.html [Accessed: 22 February 2017].
none of the students bothered to read the EULA and check the               [4] R. W. Gomulkiewicz, “Getting Serious about User-Friendly Mass
link included in its text.                                                      Market Licensing for Software” George Mason Law Review, vol. 12,
                                                                                pp. 687-718, 2014.
                                                                           [5] S. Jary, “Apple iTunes T&Cs 10% longer than Shakespeare’s Macbeth”.
         TABLE II.      ANDROID APPLICATION STATISTICS                          Available:      http://www.pcadvisor.co.uk/feature/apple/apple-itunes-tcs-
                                                                                10-longer-than-shakespeares-macbeth-3346281/ [Accessed: 22 February
        Times          Test        Data about                                   2017].
                                                     EULA read
      downloaded      passed     devices received                          [6] D. Goldman, “Is Windows 10 really a privacy nightmare?” Available:
                                                                                http://money.cnn.com/2015/08/17/technology/windows-10-privacy/
         155            73              50               0
                                                                                [Accessed: 22 February 2017].
                                                                           [7] Facebook Statement of Rights and Responsibilities. Available:
                                                                                https://www.facebook.com/legal/terms [Accessed: 22 February 2017].
                       V. CONCLUSIONS                                      [8] A. Newitz, “Dangerous Terms: A User's Guide to EULAs”. Available:
                                                                                https://www.eff.org/wp/dangerous-terms-users-guide-eulas [Accessed:
    In conclusion, the conducted experiment confirmed that                      22 February 2017].
users tend to skip the EULA and agree with any text written in             [9] Google           Chrome        Terms      of       Service.      Available:
it. The expected R/D ratio of 1/2 was not reached as nobody                     https://www.google.lt/intl/eng/chrome/browser/privacy/eula_text.html
accessed the alternative link in license agreement text thus                    [Accessed: 22 February 2017].
setting this ratio to the lowest minimum - 0.                              [10] The Republic of Lithuania Law on Electronic Communications.
                                                                                Available: https://www.e-tar.lt/portal/en/legalAct/TAR.82D8168D3049
    Since this agreement is a legal document, all included terms                [Accessed: 21 February 2017].
must meet strict law regulations. However, even official                   [11] Directive      on     electronic   commerce.      Available:     http://eur-
applications could collect considerable amount of confidential                  lex.europa.eu/legal-content/en/ALL/?uri=CELEX:32000L0031
                                                                                [Accessed: 21 February 2017].
data or track user behavior without breaking any laws.
                                                                           [12] M. Webber, L. Rubin, “Liability matters under end user licence
    In addition, this experiment showed more alarming IT                        agreements”. E-Commerce Law and Policy, vol. 13(4), 2011.
security trends. First of all, if the attacker manages to trick the        [13] N. Anderson, “No, you don’t own it: Court upholds EULAs, threatens
                                                                                digital        resale”.      Available:      https://arstechnica.com/tech-
user with the initial source validity, other steps to the complete              policy/2010/09/the-end-of-used-major-ruling-upholds-tough-software-
control over his system might be very easy. More than 60% of                    licenses/ [Accessed: 22 February 2017].
data received came within the first 24 hours from the start of             [14] R. Böhme, S. Köpsell, “Trained to accept?: a field experiment on
the experiment. This tendency favors zero-day exploits or new                   consent dialogs” CHI '10 Proceedings of the SIGCHI Conference on
fraud schemas and as it was visible no home antivirus solutions                 Human Factors in Computing Systems, pp. 2403-2406, 2010.
provide sufficient protection against data theft.                          [15] “It Pays To Read License Agreements (7 Years Later)”. Available:
                                                                                http://techtalk.pcpitstop.com/2012/06/12/it-pays-to-read-license-
    Furthermore, received data disclosed that home users do                     agreements-7-years-later/ [Accessed: 21 February 2017].
not benefit by virtualization technology to increase their                 [16] “Tainted       Love:      How     Wi-fi     betrays     us”.    Available:
systems security. During the experiment malicious application                   https://fsecureconsumer.files.wordpress.com/2014/09/wi-fi-
                                                                                experiment_uk_2014.pdf [Accessed: 21 February 2017].
has monitored hard drives with plenty of storage accessible.
                                                                           [17] “Terms of Service; Didn't Read”. Available: https://tosdr.org/
Also, in many instances connected external USB flash drives                     [Accessed: 22 February 2017].
were detected when user installed this untrusted application.              [18] “EULAnalyzer”. Available: https://www.brightfort.com/eulalyzer.html
That could be easily used for further spread of the malware.                    [Accessed: 21 February 2017].
Finally, data from 17 new devices was received after the                   [19] Kaspersky EULA. Available:
disclosure of this experiment. It shows that either information                 http://www.kaspersky24.lt/kis/Licence%20agreement%20LT.pdf
                                                                                [Accessed: 22 February 2017].
does not reach all parties even in a relatively small group or
                                                                           [20] Republic of Lithuania Law on Legal Protection of Personal Data.
some people still use digital resources after their malicious                   Available: https://www.e-tar.lt/portal/lt/legalAct/TAR.5368B592234C
behavior (potentially only one of many) is known.                               [Accessed: 22 February 2017].
   There are lots of security solutions from the simplest free             [21] “Operating System Market Share Worldwide”. Available:
                                                                                http://gs.statcounter.com/os-market-share [Accessed: 22 February 2017].
versions to expensive professional programs, yet it seems that




                                                                      59
60