hi,
  the comparison to checking house doors to see if they are locked or open
perhaps could be also described as what can occur at any beach or other 
public place daily and does happen. Say at a beach park anyone can as 
they walk from the far end of the parking lot to the beach park or whatever 
and scan for locked or unlocked doors. happens all the time i am sure.. 
this doesn't mean that they actually checked the actual handle to see if 
they could open the door physically/virtually just that they scanned with 
their eyes to see if the door button was up/open or down/closed.  so the 
door is say unlocked and the passer by sees that.. IMHO the punishable 
per se crime does not occur until the said individual actually opens the 
door physically/virtually and jumps into the vehicle 'without keys and
authorization'  naturally. then the meter starts running and the infringements
begin to occur.. so they break the pin and hotwire the car .. then it is a
crime in my books.. as is the entering a private property without
authorization unless of course you own the car or have been authorized to do the
above to the vehicle. otherwise one might just handing out tickets for all
those that frequent public places and scan vehicles or anything else for that 
matter.. nobody likes to be scanned physically/virtually  but is it a crime..
hmm.. tough question best left for legal eagles to argue over but once it is 
outlawed then expect some wise ass to apply the same logic to people 
scanning people although rude happens everyday. why should the big I
be any different? scanning creates logs and logs and IDS creates pages..
SOONER OR LATER SOMEONE WILL LEVERAGE BOTH IN A SINGLE 
DEVICE THAT MAKES OUR LIVES MISERABLE BY DoS taking up so many
cycles that effectively draws the line betwen traditional scanning and DoS
all wrapped into a single tool. (Scary when you think about it as suddenly
most every service on the Internet becomes suspect and clogged like a 50 
year old toilet.) The upside? SECURITY will get  .. better IMHO..and IPSEC most
likely will be implemented nearly overnight to  determine authorization act
accordingly. As well daemons will be written that have builtin deadmans
switches to manage the processes being forked for instance.. works for me;-))  
                                                  Best Regards,
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