Yes, in fact, the author DID receive permission to post and send mail to
this mailing list, the same _de facto_ permission we all received when we
asked to join the list and that request was granted!

On Thu, 22 Jul 1999, Derek Martin wrote:

> On Thu, 22 Jul 1999, Dave Gillett wrote:
> 
> > On 21 Jul 99, at 18:04, Matthew G . Harrigan wrote:
> > 
> > > 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. 
> > 
> >   This is like saying that car theft can't be illegal because it would 
> > prevent anyone from ever driving!  [Clue:  It becomes criminal when you don't 
> > have the owner's permission....]
> 
> Did you obtain the permission to send mail to this mailing list from the
> owner of the machine and network that it resides on?  NO?  YOU MUST BE
> BREAKING THE LAW by sending your mail then... by your definition.
> 
> Internet servers are, by nature, somewhat public.  This is the problem.
> How do you define what's permissible and what isn't?  The physical act of
> connecting to an e-mail server is THE EXACT SAME as doing a port scan.
> Except that you did it to a whole bunch of different ports.  It's like
> ringing the doorbell at the front door of someone's house, then going
> around to the side door and ringing that one too.
> 
> 
> Derek D. Martin           |  UNIX System Administrator
> [EMAIL PROTECTED] |  [EMAIL PROTECTED]
> 
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