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On 6 Apr 00, at 12:42, Rodney Haywood wrote:
> This has been a hot topic on the O@H news groups. So I rang AusCert and
> they basically said that scanning was not currently illegal in
> Australia, and they were waiting for a test case. There is legislation
> coming or already passed which makes it illegal to perform a denial of
> service. AusCert are interested in port scans so they can watch any
> patterns and track any potential unauthorised access, which is illegal.
>
> Of course it may be against your ISPs AUP to scan and it might be
> frowned upon by the community but from what I could find out it is not
> in itself illegal.
Having already contacted the AFP following an actual access by an
Australian (using Netbus as a honeypot), the response I got was that
unless actual access has been gained illegally and damage has been
done, the AFP will NOT persue the matter. Note they didn't say
attempted access, but actual access and damage.
From what I gathered from their response, the AFP aren't interested
unless you have actually been damaged as a result. It would seem as
though the AFP don't want anything to do with the internet or online
crime.....if I gained unlawful access to Parliment House without
causing any damage, I would be guaranteed to be charged for that. If I
was to attempt to gain unlawful access to Parliment House, I would be
charged with attempted break-in.
What a world we live in.
Aussie
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