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Port scans legal, judge says
Kevin Poulsen, SecurityFocus 2000-12-18

Federal court finds that scanning a network doesn't cause damage, or threaten public health and safety.

Comments Mode:
Lame 2000-12-19
Anonymous (1 replies)
Lame (a reply by VC3) 2000-12-20
david.dunn (at) vc3 (dot) com [email concealed] (2 replies)
Extra Lame 2000-12-20
anonymous (1 replies)
Extra Lame (Another reply from VC3) 2000-12-21
david.dunn (at) vc3 (dot) com [email concealed]
Lame (a reply by VC3) 2000-12-21
Dazed and Confused (1 replies)
Lame (a reply by VC3) 2000-12-21
david.dunn (at) vc3 (dot) com [email concealed]
Get a grip 2000-12-19
Chip
Good for him. 2000-12-19
Your headline is misleading 2000-12-19
EJ (4 replies)
re: Your headline is misleading 2000-12-19
ThwartedEfforts (2 replies)
re: Your headline is misleading 2000-12-19
Sleeper (1 replies)
re: Your headline is misleading 2000-12-20
Anonymouse (1 replies)
Your headline is misleading 2000-12-19
merk_man (1 replies)
Your headline is misleading 2000-12-19
Ray L (4 replies)
Good guy getting blamed... 2000-12-19
anon-coward
Your headline is misleading 2000-12-20
Giezr
The law states that if your door is open someone sits in your house and watches TV as long as you cannot prove damages. Then you don't have them on anything but trespassing and invasion of privacy if you have a good lawyer.

True Example.

An elderly woman is asleep in bed. Her window is left open because she wants a breeze and lives out in the country. A guy comes crawling in her window. She takes a shotgun and shoots the guy with buckshot. It doesn't kill him just screwed up his leg. Then he sues the old woman saying his car broke down and he was coming in the window to use the phone. He won the case.

Pinging a person would be the equivalent of noticing if the window was closed or not. If the guy saw the window was open and went through it then I would say yeah sue him he had no right to be there. This guy wasn't even trying exploits on them or anything he was just port scanning and it supposedly ran over. This is not a crime. Standing out in the streeet and noticing someone's front door is open is not a crime. I am glad the judge made the decision that he did.

[ reply ]

Link to this comment: http://www.securityfocus.com/comments/articles/126/4087#4087
Your headline is misleading 2007-03-09
Sady.Org
Re: Your headline is misleading 2007-03-09
Sady.Org
judges decision 2000-12-19
jeff_schmitz (at) enron (dot) net [email concealed]
So if some one knocks on my door... 2000-12-19
garak (at) fastvcd (dot) com [email concealed] (1 replies)
Just don't do it. 2000-12-19
Anonymous Coward (1 replies)
Just don't do it. 2000-12-19
iNDiGO
Port Scan 2000-12-19
Bear
Interesting 2000-12-20
mickey
American Justice System 2000-12-20
b00tl3g
VC3 is Full of Crap! 2000-12-20
JamesF, web developer
Things not mentioned in the article 2000-12-20
A Fly on the Wall
Ringing a Doorbell or Checking for an Open Window? 2000-12-20
apersonwhosees thisalot
VC3 2000-12-20
Matthew F. Caldwell, CISSP <mattc (at) guarded (dot) net [email concealed]>
Wrong 2000-12-20
William Black (1 replies)
Wrong 2000-12-20
aardwolfe (at) yahoo (dot) com [email concealed]
Scanning illegal? 2000-12-20
vcloud
Doing his job. 2000-12-20
Bob C
Mistakes 2000-12-21
djmad (1 replies)
Mistakes .... 2000-12-22
cert (at) fvsh (dot) de [email concealed]
Intent is really the issue 2000-12-21
Scott Craig <scraig@MIfortune500(fake).com>
Clarifications 2000-12-21
JAG (Just Another Geek)







 

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