Where does one sue the no-name Chinese manufacturers of these devices? I have a feeling a lawsuit won't get very far in Shenzhen Municipal Court. There's absolutely no consequences to them building these devices and you cannot expect a solution from them.
Cloudflare can start by suing a retailer. That's likely to result in the retailer pulling all merchandise from the offending vendor, even before the lawsuit gets very far. (Otherwise, they move to a higher tier of negligence and damages for knowingly allowing the problem to persist.) That will start to get the attention of manufacturers.
See this article.[1]
[1] http://www.techrepublic.com/article/lock-it-down-ddos-attack...
For now there is little evidence that says the bots are behind NAT's. I'm pretty sure this will come though. In the blog post I stated that there is indication that port 23/telnet is or was in past open.
Blacklisting IP addresses is indeed effective for L7 attacks. It's harder for L3 when the source IP's could be spoofed.
[0] https://medium.com/@cjbarker/mirai-ddos-source-code-review-5...
Sue the people who own and use the devices.
The first few times will be ugly and unfortunate, but if it becomes clear that buying a vulnerable device and installing it in your home is a potentially life-ruining liability, people will quickly stop buying and using the devices. And without a market for insecure IoT gadgets, well, one way or another we won't have insecure IoT gadgets.
Once a few Americans have been hit with ruinous lawsuits, the market for insecure devices will collapse, worldwide, overnight.
I don't even know what to say. Aside that you're clearly not targeting the right thing.
And, you have to admit, it'd be effective: the market would instantly collapse if device owners could be held liable for damage caused by their devices.
Attacks from real IP addresses are potentially blockable upstream. That's only a temporary fix. The device, if behind a NAT, can request a new IP address and evade the block. It may do so periodically, just to confuse the issue. At least you can block a hostile IP at a firewall, so it can't use server resources. That's what Cloudflare is doing.
On the legal front, it's worth suing makers of vulnerable devices for negligence. Their EULA will not protect them, because the victim isn't their customer and isn't a party to the EULA. A few court orders to recall a product might get the attention of the IoT industry.
[1] https://www.damballa.com/downloads/r_pubs/WP_Botnet_Communic...