Last I checked, utilizing things such as port scanners, tcp fingerprinting
tools, and the like are not illegal, because there is no way to disseminate
legitimate system administration techniques (you'll notice that enterprise
network management packages which do network discovery utilize all of
the above.) from actual penetration attempts, unless the activity yields
someone
actually gaining user level access to a said networked device. I would find
it hard to believe that someone could be prosecuted based on something like
an
nmap scan.
Matt
----- Original Message -----
From: Meritt, Jim <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Wednesday, July 21, 1999 5:59 AM
Subject: trial & charges
> >Date: Tue, 20 Jul 1999 17:15:24 -0500
> >From: Kent Hundley <[EMAIL PROTECTED]>
> >Subject: Re: Response to hack attempt?
> >
> >Hmmm. Calling a scanning program an "illegal access device" seems like
> quite
> >a stretch to me, especially if the original statute was referring to
> physical
> >access. If that's all they had to hold someone on, I doubt it would even
> make
> >it to trial. Of course, given the right judge, I suppose anything is
> >possible.
>
> How many have actually made it to trial? What were the charges? I
> understand that in almost every case it is hard to "shut up" the
> braggard^h^h^h^H^h^h^h^h hacker and a plea bargain is made resulting in NO
> trial.
>
>
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