-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Not to mention this discusses US LAW, not EU.
j On Thu, 02 Dec 2004 09:19:02 -0800 [EMAIL PROTECTED] wrote: >On Wed, 01 Dec 2004 22:22:30 EST, KrispyKringle said: > >> The Computer Fraud and Abuse Act >> (http://www.usdoj.gov/criminal/cybercrime/1030_new.html) forbids >one to, >> among other things, ``knowingly cause the transmission of a >program, >> information, code, or command, and as a result of such conduct, >> intentionally cause damage without authorization, to a protected >> computer,'' which pretty much covers viruses and other malware. >This >> would appear to apply to the Lycos software as well, given that >it >> ``causes damage without authorization to a protected computer.'' >So that >> is the key point, one that has not, to my knowledge, been tested >in court. > >The point that Lycos is probably betting on is the "causes >damage". If their >rate-limiting works, they're *NOT* actually causing a DDoS - if >the site is >still responding, claiming "damage to the computer" is quite the >reach. > >Damage to the bandwidth bill from your provider - that's something >else. Not >sure that's a criminal offense, but I'd not be at all surprised if >the ISP >left holding the bag for the unpail bill (what - you think the >spammer will >actually pay for the bandwidth? ;) might go after Lycos on the >"your actions >cost me money" theory of civil tort. -----BEGIN PGP SIGNATURE----- Note: This signature can be verified at https://www.hushtools.com/verify Version: Hush 2.4 wkYEARECAAYFAkGvglkACgkQEW4lHHBvoLePFwCfcjOkZVhrzlYSLSktNZYLA5XYOdEA n3S6DQKTnh7BysTEyI1qqhHzDDQI =3iAT -----END PGP SIGNATURE----- _______________________________________________ Full-Disclosure - We believe in it. Charter: http://lists.netsys.com/full-disclosure-charter.html
