Hacker Enforcement Proposal
1
OVERVIEW
For years, Nintendo has been investigating the progress of various hacking groups and sharing
this information with Nintendo Co., Ltd. (“NCL”) engineers.
• In January 2013, the Nintendo of America Anti-Piracy Team (NOA APT) presented
Nintendo Co., Ltd. (“NCL”) with an investigative report and recommendations for
addressing one of the most highly regarded 3DS hackers, REDACTED REDACTED
(“Neimod”) of Belgium.
• Since then, the Team has collected and shared key intelligence and data regarding
Neimod’s hacking progress with Nintendo Europe Research & Development (“NERD”)
and NCL engineers.
o NCL has implemented software updates (NUP), which have addressed many of
these exploits.
• The APT has also conducted deeper investigations of Neimod’s online and daily
activities.
o Additionally, APT has worked with local Counsel to further refine the legal
analysis and drafting of a Criminal Complaint based on Nintendo’s strongest
claims.
• Below is a summarized update of investigative findings, and the final proposal for
conducting a Knock-and-Talk with “Neimod.”
3DS HACKING STATUS SNAPSHOT/ONLINE INVESTIGATION
Nintendo has been monitoring the Internet for 3DS hacking attempts since the 3DS launch in
March 2011. NOA APT uses Internet Crimes Group, Inc. (“ICG”) to observe hacker
communications and to record pertinent information regarding hacker exploits. Neimod has
made the most significant progress in hacking the 3DS:
o Neimod claims full control of 3DS in kernel mode (ARM9 and ARM11).
o Neimod achieved this exploit via manipulation of a specific 3DS game card
(unknown game).
o Neimod uses a custom field programmable array (FPGA engineering device) to
interact with the 3DS memory bus and learn 3DS operation to find and test the
exploit.
o The exploit involves a corrupted SD card save file used in conjunction with the
specific 3DS game card.
Neimod has not released the exploit yet, as he believes Nintendo could quickly fix it via NUP.
However, his and the group’s knowledge of 3DS is expanding each day; therefore, urgent action
1
OVERVIEW
For years, Nintendo has been investigating the progress of various hacking groups and sharing
this information with Nintendo Co., Ltd. (“NCL”) engineers.
• In January 2013, the Nintendo of America Anti-Piracy Team (NOA APT) presented
Nintendo Co., Ltd. (“NCL”) with an investigative report and recommendations for
addressing one of the most highly regarded 3DS hackers, REDACTED REDACTED
(“Neimod”) of Belgium.
• Since then, the Team has collected and shared key intelligence and data regarding
Neimod’s hacking progress with Nintendo Europe Research & Development (“NERD”)
and NCL engineers.
o NCL has implemented software updates (NUP), which have addressed many of
these exploits.
• The APT has also conducted deeper investigations of Neimod’s online and daily
activities.
o Additionally, APT has worked with local Counsel to further refine the legal
analysis and drafting of a Criminal Complaint based on Nintendo’s strongest
claims.
• Below is a summarized update of investigative findings, and the final proposal for
conducting a Knock-and-Talk with “Neimod.”
3DS HACKING STATUS SNAPSHOT/ONLINE INVESTIGATION
Nintendo has been monitoring the Internet for 3DS hacking attempts since the 3DS launch in
March 2011. NOA APT uses Internet Crimes Group, Inc. (“ICG”) to observe hacker
communications and to record pertinent information regarding hacker exploits. Neimod has
made the most significant progress in hacking the 3DS:
o Neimod claims full control of 3DS in kernel mode (ARM9 and ARM11).
o Neimod achieved this exploit via manipulation of a specific 3DS game card
(unknown game).
o Neimod uses a custom field programmable array (FPGA engineering device) to
interact with the 3DS memory bus and learn 3DS operation to find and test the
exploit.
o The exploit involves a corrupted SD card save file used in conjunction with the
specific 3DS game card.
Neimod has not released the exploit yet, as he believes Nintendo could quickly fix it via NUP.
However, his and the group’s knowledge of 3DS is expanding each day; therefore, urgent action
Hacker Enforcement Proposal
2
is recommended before any public release of their exploit(s). Neimod is the priority target for the
following reasons:
• He has been involved in DS and DSi hacking.
• He enjoys a very high reputation within the hacker scene, for Nintendo products
• He is a highly skilled hardware engineer
NEIMOD: KEY INVESTIGATIVE FINDINGS
• Expert Computer Programmer / Hardware Architect.
o Current Employment: Recipient/Winner of Governmental Grant (12,000. Euros)
for entrepreneurial work in computer science and the arts. He has an office in a
well-established and secured business office park.
o Winner of Lucent-Bell Award in 2011 for University thesis project.
o University graduate with Master of Informatics – Specialty in Hardware
Architecture.
• Lifestyle and Activities.
o ~26 year old male living with parents in Dennengaerdelaan, Belgium.
o Typical week includes work 9am-5pm Monday through Thursday.
o Evenings and weekends are primarily spent at home.
o Surveillance didn’t reveal any friends or visitors entering or leaving the residence
with Neimod.
o Only additional activity included a trip to the bank and a restaurant (alone).
LEGAL STICKS: CRIMINAL COMPLAINT & FILING NINTENDO AS A CIVIL / DAMAGED
PARTY TO THE CRIMINAL COMPLAINT (DRAFT ATTACHED)
o Strongest claims available to Nintendo under Belgian Criminal Code provisions
include:
1. (Attempt) of External Hacking.
2. Reusing of Data or Damage to the Computer System or Data.
3. Owning and Production of ‘Hacker Tools”.
4. Concealment of Data Obtained through Hacking.
5. (Attempt of) Data or System Sabotage.
6. Owning and Production of Tools for System Sabotage.
7. Circumvention of Technological Protection Measures.
o Criminal Complaint – Nintendo registers itself as a civil / damaged party provides
strategic advantages to Nintendo, as follows:
1. Nintendo may withdraw its support of the criminal complaint at any time
(e.g. if Neimod were to change his mind after refusing to cease hacking
activity). Note that prosecutors could opt to continue with the case, even if
Nintendo stops supporting the proceeding.
2
is recommended before any public release of their exploit(s). Neimod is the priority target for the
following reasons:
• He has been involved in DS and DSi hacking.
• He enjoys a very high reputation within the hacker scene, for Nintendo products
• He is a highly skilled hardware engineer
NEIMOD: KEY INVESTIGATIVE FINDINGS
• Expert Computer Programmer / Hardware Architect.
o Current Employment: Recipient/Winner of Governmental Grant (12,000. Euros)
for entrepreneurial work in computer science and the arts. He has an office in a
well-established and secured business office park.
o Winner of Lucent-Bell Award in 2011 for University thesis project.
o University graduate with Master of Informatics – Specialty in Hardware
Architecture.
• Lifestyle and Activities.
o ~26 year old male living with parents in Dennengaerdelaan, Belgium.
o Typical week includes work 9am-5pm Monday through Thursday.
o Evenings and weekends are primarily spent at home.
o Surveillance didn’t reveal any friends or visitors entering or leaving the residence
with Neimod.
o Only additional activity included a trip to the bank and a restaurant (alone).
LEGAL STICKS: CRIMINAL COMPLAINT & FILING NINTENDO AS A CIVIL / DAMAGED
PARTY TO THE CRIMINAL COMPLAINT (DRAFT ATTACHED)
o Strongest claims available to Nintendo under Belgian Criminal Code provisions
include:
1. (Attempt) of External Hacking.
2. Reusing of Data or Damage to the Computer System or Data.
3. Owning and Production of ‘Hacker Tools”.
4. Concealment of Data Obtained through Hacking.
5. (Attempt of) Data or System Sabotage.
6. Owning and Production of Tools for System Sabotage.
7. Circumvention of Technological Protection Measures.
o Criminal Complaint – Nintendo registers itself as a civil / damaged party provides
strategic advantages to Nintendo, as follows:
1. Nintendo may withdraw its support of the criminal complaint at any time
(e.g. if Neimod were to change his mind after refusing to cease hacking
activity). Note that prosecutors could opt to continue with the case, even if
Nintendo stops supporting the proceeding.
Hacker Enforcement Proposal
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2. If Nintendo files as a civil (damaged) party to the criminal proceeding, this
allows Nintendo access to the case file, updates, defense counsel
comments, etc.
3. Prosecutors may be positively influenced by Nintendo’s passion for
enforcing its IPR, and consider the case more seriously.
4. A criminal indictment carries with it a heightened sense of seriousness,
stigma, and attention that Neimod would likely want to avoid.
5. Neimod may worry that a criminal prosecution could negatively impact his
relations with the local government that awarded him the grant (for young
science and arts entrepreneurs).
CARROTS – POTENTIAL OPPORTUNITIES & AVOIDANCE OF LEGAL ACTION IN
EXCHANGE FOR CEASING ALL HACKING OF NINTENDO PRODUCTS AND SYSTEMS
o Opportunities to collaborate with Nintendo:
1. Nintendo can refrain from filing a criminal complaint.
2. Nintendo (at NCL’s and NERD’s discretion) may offer to enter into a
“Bounty” contract with Neimod:
A. Nintendo awards Neimod with payment in exchange for finding and
documenting reproducible exploits and possible patches, known or
potential security weaknesses, hackers’ practices, strengths, etc. This
scenario would represent very low risk while potentially providing high
benefits for Nintendo:
1. The hacker would work in a “black-box” environment with no risk
of leaking confidential information as he would receive none from
Nintendo.
2. If successful, Nintendo’s public image may be further bolstered as
a modern, tech-savvy company, while hinting that hackers should
be cooperative rather than aggressive with Nintendo in the future
(in contrast to Sony’s missteps with George “geohot” Hotz).
B. Within the parameters of an NDA and in a Nintendo-approved
statement, Neimod may also announce his success in finding exploits or
vulnerabilities, after Nintendo feels that the exploits have been fixed.
“Bragging rights” are a key motivating factor for most hackers - perhaps
as valuable as the “bounty” reward because of the boost to his
reputation.
C. Nintendo may engage Neimod to “research, reproduce, and then
document” or “outrun” other hackers’ exploits (which are either
completed or under development). If he succeeds, it would provide
Nintendo with valuable advanced knowledge of upcoming exploits, and
possibly provide enough time to address them via update.
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2. If Nintendo files as a civil (damaged) party to the criminal proceeding, this
allows Nintendo access to the case file, updates, defense counsel
comments, etc.
3. Prosecutors may be positively influenced by Nintendo’s passion for
enforcing its IPR, and consider the case more seriously.
4. A criminal indictment carries with it a heightened sense of seriousness,
stigma, and attention that Neimod would likely want to avoid.
5. Neimod may worry that a criminal prosecution could negatively impact his
relations with the local government that awarded him the grant (for young
science and arts entrepreneurs).
CARROTS – POTENTIAL OPPORTUNITIES & AVOIDANCE OF LEGAL ACTION IN
EXCHANGE FOR CEASING ALL HACKING OF NINTENDO PRODUCTS AND SYSTEMS
o Opportunities to collaborate with Nintendo:
1. Nintendo can refrain from filing a criminal complaint.
2. Nintendo (at NCL’s and NERD’s discretion) may offer to enter into a
“Bounty” contract with Neimod:
A. Nintendo awards Neimod with payment in exchange for finding and
documenting reproducible exploits and possible patches, known or
potential security weaknesses, hackers’ practices, strengths, etc. This
scenario would represent very low risk while potentially providing high
benefits for Nintendo:
1. The hacker would work in a “black-box” environment with no risk
of leaking confidential information as he would receive none from
Nintendo.
2. If successful, Nintendo’s public image may be further bolstered as
a modern, tech-savvy company, while hinting that hackers should
be cooperative rather than aggressive with Nintendo in the future
(in contrast to Sony’s missteps with George “geohot” Hotz).
B. Within the parameters of an NDA and in a Nintendo-approved
statement, Neimod may also announce his success in finding exploits or
vulnerabilities, after Nintendo feels that the exploits have been fixed.
“Bragging rights” are a key motivating factor for most hackers - perhaps
as valuable as the “bounty” reward because of the boost to his
reputation.
C. Nintendo may engage Neimod to “research, reproduce, and then
document” or “outrun” other hackers’ exploits (which are either
completed or under development). If he succeeds, it would provide
Nintendo with valuable advanced knowledge of upcoming exploits, and
possibly provide enough time to address them via update.