RE: CRIME More identity theft "goodness"

From: Scott Hoffman (jaysco@private)
Date: Tue Sep 09 2003 - 09:03:41 PDT

  • Next message: Crispin Cowan: "CRIME SecureWorld Seattle September 24 & 25"

    > > I read an article about p2p apps, etc and how Joe User
    > tends to share his
    > > entire hard disk which exposes virtually everything to the
    > outside world -
    
    ...
    
    > The same is true if they use Windows at home and surf the net
    >  (Getting
    > infected by BackOriface and its relatives.)
    
    
    Disclaimer:  IANAL
    
    This particular situation is, I think, a bit more troubling than BackOrifice
    or other malware that compromises a system without the owner's permission.
    
    It's my understanding that some of the most common cybercrime prosecution
    tools relate to, "unauthorized access", as this may be much easier to prove
    than other charges related to actual damage of systems.  If a system owner
    intentionally installs a program to allow public access, and even if
    unintentional and through ignorance, offers sensitive files via that
    application, one could argue that any access of those files was not
    unauthorized, but was in fact expressly authorized - precluding prosecution
    for mere access.
    
    I think most people would agree that voyeuring though other people's files
    is ethically troubling, and misusing that information to commit crimes such
    as identity theft could still be prosecuted under other laws.  None the less
    there could be a lot of damage and/or embarrassment within the law.
    
    Perhaps we could prevail on some of our list members with legal or
    cybercrime prosecution experience to weigh in on the subject...  George?
    Mark?  Dick?
    



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