Burgess, Jeff wrote:
> Then you send him/her a copy of Back Orifice and tell him to install
> it on his firewall machine.
P L STEINBRUCH replied:
> if it works enjoy yourself , otherwise enjoy the jail ;-))
Bill Casti replied:
> Jail? It's not illegal to ask sysadmins to be foolish. And, how
> would you be culpable if they did install BO, even if you requested
> it? They're supposed to know better. If you robbed a bank because I
> called you up and suggested it to you, how am I culpable for your
> action??
As a matter of fact -- or perhaps I should say, of law, you could be
culpable if he did rob a bank: conspiracy to commit felony robbery.
His testimony that he performed the robbery at your direction would
probably get him a plea bargain of some kind -- likely a reduced
sentence.
As for asking the sysadmin to install Back Orifice, it wouldn't be a
merely foolish act, unless the sysadmin in question owns the machine
in question or in some other way had the legal authority to give away
its services. Criminal conspiracy to defraud the owner of computer
services could be a felony, depending on the value of the services
stolen. An examination of internet hacker culture would show that
even if there was no proof of tangible benefit, there could be an
expectation of future returned favors of equal value.
-Rich
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