----- Original Message -----
Sent: Tuesday, July 20, 1999 1:35
PM
Subject: RE: Response to hack
attempt?
Dave,
Comments imbedded:
>> Last time I checked, scanning or probing a system for security
flaws,
>> isn't illegal (at least in this state it isn't).
> As I recall, Randall Schwartz got in trouble for "scanning or
probing" his
>then-employer's "system for security flaws" WITHOUT
AUTHORIZATION....
This is not quite correct. Randal was convicted on three counts, all
of which involved his having actually _accessed_ a system and/or made
changes to them. There was nothing in the Oregon statute regarding
"scanning" a system. Most of the verbage of the statute focuses on
"access and use". It's highly doubtful that port scanning could be
stretched to fit the definition of "access and use" used in the Oregon
statute.
> While one may argue that it is not illegal to "rattle a
doornknob to
>determine whether it is locked", in practice it could
very well be illegal
>to *open that door* -- and I wouldn't give odds
on convincing a court that
>that wasn't what you were trying to do.
This is, IMHO, irrelevant. If an action is not illegal, you cannot be
prosecuted for it. Period.
Agree.
I don't see how it can be relevant what your intentions were.
If I stand on the street and examine your house looking for ways to break in,
it's not illegal.
Yes , since you are OFF-LIMITS of the house....
But if you enter the limits of the property , this is at least invasion ,
despite what your intentions are !
If you limit your activities to port scan , IMHO - I am not a lawyer -,
this is not illegal. But I prefer the analogy of
watch - even with a binocular - at , than to check door's knobs.
Best regards ,
PL Steinbruch
