, 2003-09-08
How a recent federal appeals court decision makes virtually everyone a computer criminal.
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Forgive Me My Trespasses
2003-09-08
Paul Lawrence (3 replies)
Paul Lawrence (3 replies)
Forgive Me My Trespasses
2003-09-09
Anonymous (1 replies)
Anonymous (1 replies)

> 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 In which case this definition should be enough to get the whole mess repealed.
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Link to this comment: http://www.securityfocus.com/comments/columns/183/22231#22231