It's worth looking into the Daniel Cuthbert case in the UK.
Drew
On 02/06/06, Lawrence Tang <tang.luong@gmail.com> wrote:
"Vulnerability test" is not "port scan". It could involve attempt to
"penetrate" or even penetration of the website through a vulnerable server
script for instance. In this particular case, we don't know what RA 8792 in
the Philippines says and/or what Tridel Technologies, Inc did. But in
general, "port scan" is supposed to be only checking which TCP/IP ports are
open for connection without going through the entire process of connection.
There is no question of penetration. How could any authority prosecute this
legitimately? If I, by mistake, attempt a connection to a site, could I be
in legal trouble? How many ports constitute "port scanning"?
----- Original Message -----
From: "Nightfall Nightfall" < danzigfour@gmail.com>
To: <full-disclosure@lists.grok.org.uk>
Sent: Friday, June 02, 2006 1:26 AM
Subject: Re: [Full-disclosure] scanning
> On 6/2/06, Simon Smith <simon@snosoft.com> wrote:
> > Guys,
> > It is not illegal to port-scan a target IP with or without
> > authorization. It would be impossible to prosecute someone because
they
> > portscanned you. Hell, it would be near impossible to prosecute
someone
> > who ran nessus against you but never penetrated your systems. From
> > expereince, the FBI only takes interest in crimes that cause roughly
> > $50,000.00 in damage or more. If you are below that mark or if they
are
> > too busy... you won't get jack unless you pay for it.
> >
> >
> >
> > David Alanis wrote:
> > >> Depends on the Jurisdiction... However If I found out that it was
my
> > >> site, I'd have to debate on whether or not to sue your ass... But
that's
> > >> just me...
> > >>
> > >
> > > You would not sue anyone. Thats just saying that you would sue
anyone
under the sun trying to ping or go after some bot trying to scan your
Apache
box for IIS 5 vulnerabilities. My point is, even if you did realize
someone
was actively scanning your host, there would be nothing you could do, I
think it would be too time consuming. Yet your question still stands. Is
it
legal or illegal?
> > >
> > > David
> > >
> > >
> > >
> > >> -----Original Message-----
> > >> From: full-disclosure-bounces@lists.grok.org.uk
> > >> [mailto:full-disclosure-bounces@lists.grok.org.uk] On Behalf Of
> > >> Nightfall Nightfall
> > >> Sent: Thursday, June 01, 2006 7:54 PM
> > >> To: full-disclosure@lists.grok.org.uk
> > >> Subject: [Full-disclosure] scanning
> > >>
> > >>
> > >> Is it illegal if I perform a vulnerability scan on a site without
> > >> permission from the owner? How about a simple port scan? thanks..
> > >>
> > >> _______________________________________________
> > >> Full-Disclosure - We believe in it.
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> > >>
> > >
> > >
> > >
> > > "Great Spirits Have Always Encountered Violent Opposition From
Mediocre Minds" - Einstein
> > >
> > > "Cuanta estupidez en tan poco cerebro!"
> > >
> > > _______________________________________________
> > > Full-Disclosure - We believe in it.
> > > Charter: http://lists.grok.org.uk/full-disclosure-charter.html
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> > >
> >
> >
> >
> >
> > BullGuard Anti-virus has scanned this e-mail and found it clean.
> > Try BullGuard for free: www.bullguard.com
> >
> >
> > _______________________________________________
> > Full-Disclosure - We believe in it.
> > Charter: http://lists.grok.org.uk/full-disclosure-charter.html
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> >
> I brought up this topic coz of these incident
> -
http://www.pinoytechblog.com/archives/tridel-settles-with-inq7net-on-vuln
erability-test-suit
> .
> I was wondering if they were justified in suing the perpetrator who
> did the vulnerability scan on their network.
>
> _______________________________________________
> Full-Disclosure - We believe in it.
> Charter: http://lists.grok.org.uk/full-disclosure-charter.html
> Hosted and sponsored by Secunia - http://secunia.com/
>
_______________________________________________
Full-Disclosure - We believe in it.
Charter: http://lists.grok.org.uk/full-disclosure-charter.html
Hosted and sponsored by Secunia - http://secunia.com/
_______________________________________________
Full-Disclosure - We believe in it.
Charter: http://lists.grok.org.uk/full-disclosure-charter.html
Hosted and sponsored by Secunia - http://secunia.com/
