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Feature: Government

Blackhat Training instructor denied entry into US

By Joe Barr on July 30, 2007 (8:15:00 PM)

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Halvar Flake was scheduled to teach a class on computer security entitled Analyzing Software for Security Vulnerabilities today and tomorrow at Blackhat Training in Las Vegas. Instead, US customs officials cross-examined him for nearly five hours, then decided not to allow him into the country and put him on a plane back to Germany.

This would not have been Flake's first time to teach at Blackhat Training -- in fact, it would have been his seventh year to do so. According to Flake, many of his students during the previous years have been "US government-related folks, mostly working on US National Security in some form. I have trained people from the DoD, DoE, DHS, and most other agencies that come to mind."

According to his blog entry about the affair, Flake's crime seems to have been carrying printed training material with him in his baggage. They turned up when customs searched his suitcase, and led to his interrogation.

Compounding the issue in the eyes of the feds doing the deciding was the fact that the training arrangements between Flake and Blackhat Training were not between two businesses, but between Flake personally and Blackhat. The folks at immigrations took exception to this, concluding that Flake was actually an employee of Blackhat Training, and would therefore require an H-1B visa in order to get into the country for the two days of training.

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on Blackhat Training instructor denied entry into US

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Not clear why he was denied entry

Posted by: Anonymous [ip: 82.192.250.149] on July 30, 2007 09:20 PM
The report is sloppy. If he entered the USA to work for a US company for remuneration, and didn't have a work visa, then he's guilty of a simple violation of the immigration laws. Come on, Joe, you must know that an alien generally needs a work visa to work in the US for a US company. The situations where an alien does not need a work visa cover cases like where an employee of a non-US company comes to the US to do work for that non-US company such as drawing up specifications for work that will be done offshore, or negotiating a deal between the non-US firm and a US firm. That wasn't the case here. There's no legal difference between this guy, and a Mexican who swims the river to earn money picking lettuce.

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Blackhat Training instructor denied entry into US

Posted by: Joe Barr on July 30, 2007 11:29 PM
Perhaps your law degree permits you to determine instantly whether Mister Flake was acting as an employee of Blackhat, or as an independent contractor, or perhaps even as an employee of his own German firm. I don't hold a degree which allows me to make that judgement. What I do know is that he has done the same thing without any problems at all the previous six years. Nothing has changed except that this year there is some sort of problem.


I agree there is something sloppy here, but I don't think it has to do with my reporting.
[Modified by: Joe Barr on July 30, 2007 05:30 PM]

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Blackhat Training instructor denied entry into US

Posted by: Anonymous [ip: 24.195.100.212] on July 31, 2007 01:16 PM
Just because he was able to do this for 6 years previously doesn't mean he did it LEGALLY. It just means he didn't get caught. It seems to me that the insinuation here is that there is some kind of vast government conspiracy to keep him from disseminating information when in reality, dude didn't have his paperwork in order. Next time Mr. Flake needs to get his H-1B visa.

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Blackhat Training instructor denied entry into US

Posted by: Anonymous [ip: 69.120.1.245] on July 31, 2007 02:23 PM
hmm im a noob to this vast linux world.. but still that seems fishy and when did customs stop someone for "printed paper"
.. he didnt have an uzi.

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Blackhat Training instructor denied entry into US

Posted by: gus3 on July 31, 2007 07:21 PM
Just how truthful do you expect his blog entry to be? As the presumptive "victim," he is going to seek to minimize the public perception of the severity of his "crime."



If the situation were turned around, and a US software engineer/researcher were denied entry into Germany to teach at a conference full of less-than-aboveboard hackers, what would you say then?

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Blackhat Training instructor denied entry into US

Posted by: Anonymous [ip: 65.73.173.188] on July 31, 2007 09:30 PM
Nothing like customs officials wasting their time on this garbage instead of doing important things. It blows my mind how strange the US has gotten in the past few years.

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