is there a lawyer in the house? (not me).
the US law requires reporting from providers of "electronic
communications service" or "remote computing service". i don't believe
that pen testers fall under those definitions.
the provider's requirement to report comes with a good-faith safe harbor.
i see nothing that requires the absence of notification or action to some third
party, such as your client for a pen-test. what is this, a confusion with
National Security Letters?
see:
http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00013032----000-.html
(see the page just prior if you're interested in child abuse, which
must be reported by a wide variety of people likely to have
professional contact with children, and therefore to detect it.)
there is a general civic duty to report violations of law. but i'm
not sure it's a crime to *fail* to report such.
a relevant and amusing web site:
http://www.ou.edu/oupd/selfarr2.htm
"If you witness a crime, it is your civic duty to report the crime to the
police.
When a crime is committed, you have the right and responsibility to make a
"Citizen's Arrest".
Thus, if YOU commit a crime, it would be extremely helpful (and
provide a savings of tax dollars) for you to perform a Citizen's
Self-Arrest."
etc.
On Fri, Jun 02, 2006 at 05:30:26PM -0400, Michael Scheidell wrote:
-----Original Message-----
From: Robin Wood [mailto:dninja@gmail.com]
Sent: Friday, June 02, 2006 4:51 AM
To: pen-test@securityfocus.com
Subject: what to do it illegal activity found during pen-test
Hi
I was wondering the other day, what should I do if during a
pen test I found some illegal activity (internal, not from
hackers) on the network being tested. My initial thought was
report it to the police and let them sort it out but then
thought I suppose that depends on the activity taking place.
One one hand you could find a ftp site with a couple of
movies on, the other you could find a website full of child
porn. The first may just need a mention to the company IT
staff, the second would definitely warrant police attention.
Depends on jurisdiction.
In US:
Only one thing you have to report to police AND CANNOT TELL THE CLIENT:
You find child porn (don't be dumb and copy it for proof!)
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