On 7 Oct 2008 at 19:38, Harold Fuchs wrote:
...
> > That's not strictly true. It's almost certainly illegal to forward
> > mail /without/ permission of the recipient
> > (tacit/implicit/otherwise).
> Is it?
>
> > Certainly in the UK - unauthorized
> > modification of computer data, unauthorized access to a computer
> > system - and I'd bet on the USA being likewise.
> >
> Whose data is the attacker in this case modifying without authorisation?

The target of the redirected email.

Computer Misuse Act 1990:
"3 Unauthorised modification of computer material

(1) A person is guilty of an offence if-

(a) he does any act which causes an unauthorised modification of the
contents of any computer; and

(b) at the time when he does the act he has the requisite intent and
the requisite knowledge. "

> As far as I can see the victim's data are not being modified in any way.

The contents of his computer are being altered - his mailbox -
3(1)(a)

> Whose computer system is being accessed without authorisation? I think

But you're probably right about the 'access' bit.

> "access" in this context means that the accessor logs in to the accessed
> computer or otherwise makes the accessed computer's files available for
> viewing/manipulation. The victim's computer was not being accessed. I
> think the worst the attacker could be charged with is spamming the victim.
> > Google (& I've not checked) almost certainly have T&C's that say no
> > misuse of their system is allowed - if this isn't misuse, I don't
> > know what is! They could (should?) simply shut down the offending
> > account completely.
> >
> Here I agree. But did anyone ask Google? As far as I know the attack was
> stopped by the mediators of this list.

The victim /should/ have asked Google to intervene.

See for example (3) [yes, I know it's the GB terms] at
http://mail.google.com/mail/help/intl/en_GB/terms_of_use.html

....

> > Haven't we been round this? To summarise: /Provided/ the intermediate
> > attacking email address is known, you simply send an unsub request
> > for that address(*). Then /provided/ the unsub confirmation is
> > forwarded like the unwanted clutter, you will receive it. You might
> > have to search through tens of thousands of other items for it! Then
> > you reply to it - and it doesn't matter what your sending address is
> > at this point, as it has a magic cookie embedded.
> >
> Sorry to be pedantic but this is exactly where the confusion lay in my
> mind. You have now clarified it by saying the victim can *either*
> - masquerade as the attacker by setting up a "fake" (mimic?) e-mail
> account using the attacker's e-mail address *or*
> - use the "=" form of the ezmlm unsubscribe request.
>
> Do *both* of those work? Nobody before has clearly stated that; previous
> commentators left that hanging which I why I asked.

I'd rather not use the term 'email account' - it's open to confusion,
because this is nothing to do with ISP-provided facilities. A mail
client will typically allow you to specify any address to be your
'From:' address in outgoing mail. That's the easiest place (for a
newbie) to set this up. Both forms should work, separately or
together.


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[EMAIL PROTECTED]    Mike Scott, Harlow, Essex, England



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