"Meritt, Jim" writes:
> >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.
The laws differ around the world. If you're in Norway, then attempting to
break-in is not a crime according to the Norwegian Supreme Court, which
reversed a conviction of "white-hat" hackers several months ago.
In the U.S., there is an important element which must be present that
people often forget about, and that is criminal intent. Without it, it's
not a crime.
< paul
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