> Viewing this as a rape case, if a girl was hanging out on a 
> street corner and asking passers-by to rape her, then, yes, 
> she bears some responsibility for putting herself in that 
> situation.  It doesn't mean the one who rapes her doesn't 
> bear the greater responsibility for the situation, and, 
> therefore, punishment, but a fair judge would have to ask the 
> girl why was she asking passers-by to rape her in the first place.
> 
> Girls should reasonably avoid provoking rapists, and rapists 
> should resist their impulses.
> 
> Likewise, server/website admins should reasonably protect 
> their servers and websites, but hackers should avoid their 
> impulses or share responsibility for the situation.

This is a poor example, because there are issues of negligence that exist in
a professional setting (employee/employer or consultant/client) that don't
exist in a personal setting (hanging out on a street corner). Unwise actions
aren't necessary negligent in the eyes of the law.

Dave Watts, CTO, Fig Leaf Software
http://www.figleaf.com/

Fig Leaf Software provides the highest caliber vendor-authorized
instruction at our training centers in Washington DC, Atlanta,
Chicago, Baltimore, Northern Virginia, or on-site at your location.
Visit http://training.figleaf.com/ for more information!

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