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I was quite interested in this thread myself so I wrote a quick post
to incidents.  Here is one of the best responses I got back with
links included.

Hope the group is doing well,

Leon

"
Though the case is not cited, the 2 Mar 90 Defense Data Network
Security
Bulletin advises, "A court recently threw out a suit against a
computer
system intruder because the logon prompt was preceded with "Welcome
to..."
and implored administrators to cease using "Welcome" in logon
banners.
(http://csrc.ncsl.nist.gov/secalert/ddn/1990/sec-9004.txt)

Again, without citing a case, NASA's GRC (Glenn Research Center)
exclaims in
chapter 9 of its Directive 2810.1, "To the maximum extent of their
capabilities, all GRC systems must display a warning to all users at
the
time they log on. Recent criminal prosecutions have emphasized the
value of
well-written logon banners. In one case several years ago, a
quick-thinking
defense attorney convinced a jury that an external intruder could not
possibly have been a criminal computer trespasser because the system
that he
had broken into had had a logon banner that WELCOMED him to the
system. Far
from being an uninvited intruder, he was actually a welcome guest!"
(http://www.grc.nasa.gov/WWW/Directives/2810.1-Chap9.html)

And it appears that this is not a U.S.-centric issue; the following
exerpt
from the Australian University of Queensland Security Emergency
Response
Team Advisory SA-93:03A bulletin exhorts, "SERT recommends that any
login
banner or system initial message should not imply consent to use the
computer services (E.g., words such as "greeting" or "welcome"),
unless it
is the express intention that any user is free to use the system,
whether
they are authorised or not."
(http://www.attrition.org/security/advisory/auscert/AA-93.03.Suggested
.Login
.Banner)

You may want to contact these organizations directly for more detail.

However, there's plenty of discussion on the flip side of the coin,
too;
e.g., see "Trespassing, IP and the Law (REALLY long) (was Re: Virus
to
Virus Idea" at
http://www.der-keiler.de/Mailing-Lists/securityfocus/security-basics/2
001-09
/0096.html.

"

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