hi,
  IMHO port scanning will not lead to a conviction in itself it 
would be the actual break and entry that would b. Since the system
is assumed to be not broken or entered.. but AFAIK && IMHO this 
would be something that best would be left to a lawyer that can
unravel the laws governing this topic if any. in my experience 
one can inform the admin that scanning is occurring from their 
network and ask for them to deal with it. They tend to be semi
interested unless they too are disturbed by such prodding. it
depends on the sysadmin whether you will get any resolution 
though as they tend to be much in the same situation for better
or worse..
                                                Regards,
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Scientists have announced discovering a meteorite which will strike the 
earth in March, 2028.  Millions of UNIX coders expressed relief for being 
spared the UNIX epoch "crisis" of 2038.
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