Knowingly refers to the intent to access or attempt to access a computer. > ---------- > From: T. Kenji Sugahara[SMTP:sugahara@private] > Sent: Friday, June 21, 2002 1:58 PM > To: Tom Tintera > Cc: Seth Arnold; Lyle Leavitt; 'Phil Hochstetler'; CRIME > Subject: Re: CRIME EarthLink Password Security Story > > Tom, > > Does the intent element deal with the actual intent to access or does it > deal with knowingly committing an act which results in access? e.g. > where you would still be found liable if you didn't intend to commit the > culpable act but intended the action which resulted in act? This may be > splitting legal hairs, but if a person commits an act where they didn't > mean to access a computer, but intended to use the software which > resulted in access, the person could still be found liable. > > > On Friday, June 21, 2002, at 10:37 AM, Tom Tintera wrote: > > > Randal did use one of the passwords to copy a larger password file and > > also > > installed a back door through Intel's firewall. > > However, ORS 164.377 states that:4) Any person who knowingly and without > > authorization uses, accesses or attempts to access any computer, > > computer > > system, computer network, or any computer software, program, > > documentation > > or data contained in such computer, computer system or computer network, > > commits computer crime. Class A misdemeanor. > > > > Caution is advised if there is no authorization. > > > > Tom Tintera > > Senior Deputy District Attorney > > Washington County District Attorney > > Hillsboro, Oregon > > 503 846-3462 > > tom_tintera@private > > > > > > > >> ---------- > >> > >> I don't know how people on this list feel about the Randal Schwartz > >> trial, but I think the facts are a bit different than "he didn't even > >> try any of them". He did use them and his intent was to bypass the > >> system administrators attempts to enforce their policy. You can read > >> more lots of places. For example: > >> > >> > http://www.cs.uidaho.edu/~frincke/research/security/articles/schwartz3.t > >> xt > >> > >> BTW, I knew randal in the early 80's when he worked at Sequent. > >> --phil > >> > >> > >> > > > > > T. Kenji Sugahara > Chief Operating Officer > counterclaim > Phone: 541-484-9235 > Fax: 541-484-9193 >
This archive was generated by hypermail 2b30 : Fri Jun 21 2002 - 15:14:49 PDT