Port scanning:

I don't think that anyone would disagree that it can be an irritant, and
depending upon the level at which it is conducted and the manner in which it
is conducted that it may be anywhere from almost undetectable to a DoS
attack.  I don't believe that anyone will claim that there has ever been an
instance of an individual having charges pressed, going to trial, being
convicted and then being imprisoned for doing one (the "going to trial" part
is what clipps it out.  The charges pressed and the imprisonment follow plea
bargains involving other things than port scanning).

Claiming that it "is like" something else when debated by technical
personnel when the "is like" is a legal judgement is less-than reassuring.
Is ANYONE aware of a single ruling in the United States on the matter (I
specified US since (the Neatherlands expressly ruling that it was not
illegal and only the penetration attempts (if successful) or attack
(Example: DoS) were punishable.  Or so I thought from watching the case.  If
I am wrong in that matter, please enlighten me.)?
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