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Forgive Me My Trespasses
Mark Rasch, 2003-09-08

How a recent federal appeals court decision makes virtually everyone a computer criminal.

Comments Mode:
Forgive Me My Trespasses 2003-09-08
jcj.2.jjames@spamgourmet.com
Forgive Me My Trespasses 2003-09-08
Paul Lawrence (3 replies)
Forgive Me My Trespasses 2003-09-09
Anonymous (1 replies)
The Slope DOES Slip 2003-09-09
Mark Rasch (1 replies)
Forgive Me My Trespasses 2003-09-09
Mark Rasch (1 replies)
There's your problem, and the fix. 2003-09-12
Anonymous
Mark wrote:
> The federal statute and caselaw define "access" as "to use the recources of" a computer or network

Therein lies the problem, and perhaps the fix. Obviously, that isn't what access actually means either in common English nor in the relevant technical jargon. Under this definition, if - without asking permission first - I do a traceroute to Security Focus to figure out why it's responding slowly, I have had unauthorised access not only to Security Focus, but to every intermediate router.

That's obviously nonsense.

In fact this is so broad and vague that I could become a hacker by just cooling off in the server room, or hanging my Dilbert poster from a cable conduit!!!!!

Now IANAL but isn't it the case that "overly broad" or "vague" laws are unconstitutional? In which case this definition should be enough to get the whole mess repealed.

[ reply ]

Link to this comment: http://www.securityfocus.com/comments/columns/183/22231#22231
Forgive Me My Trespasses 2003-09-10
Anonymous
Unfounded Fears 2003-09-10
Anonymous
Forgive Me My Trespasses 2003-09-11
koolradkev
This sounds great to me 2003-09-11
Anonymous
Forgive Me My Trespasses 2003-09-11
Jay Johnson







 

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