On Mon, 18 Jan 1999, Bret McDanel wrote:
> If you read 18 USC 1030 (http://law.house.gov then goto 'search the US
> code' then title 18 section 1030.. It was down when I wrote this so I
> cant get an exact url)..
>
> it states many things that define unauthorized access.
> Basically 'damage' has to occur for it to be a crime (or if its access to
> a lifesupport system, or a government computer, or a few other things that
> most people's systems dont qualify for). Damage is defined in this statue
> as $5,000 or more. That means that the port scan that may have taken an
> hour or at most 2 to figure out what was going on and who was behind it
> etc, wouldnt qualify.
ho ho ho; you wish. consider the case of the 'infamous' E911 document,
whose value was accepted at $79,449 *without initial question* by the
courts. this value included not only the personnel costs involved in the
creation of the document, but the replacement hardware costs of the VT220
on which it was typed, the VAXStation 3100 on the other end of the serial
cable, the OS running on same and the word processing software running on
top of that (*). oh yes, and the printer on which it was printed.
i wouldn't, personally, be inclined to trust to the leniency of the courts
in deciding whether that little port scan cost less than $5,000 or not.
you may end up paying for their next router upgrade.
Tom Yates - Unix Chap
(*) sterling, _the hacker crackdown_, bantam, 1992, pp 246-247.
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