I'm not sure that you will find tort or case history concerning the presence of welcome banners. I could be way off on that one. Personally, I see them as a means of generating consent to monitoring and seizure of information in many forms. This is related to ECPA I believe. There is case history pertaining to banners that provide information relevant to monitoring. It's implied consent once the banner is viewed. May be some gray area still, but I believe that's the general direction of the court systems. Look at 18 USC 2511(2)(d) and 18 USC 2702(b)(3) abd 2703(c)(1)(B)(iii). A great case history on this is United States vs. Matlock. Much of this information can be found in the U.S. DOJ Search and Seizure Guidelines. Bruce Middleton has a section dedicated to this in CyberCrime Investigator's Field Notes as well. Excellent book I might add. Leds! > -----BEGIN PGP SIGNED MESSAGE----- > Hash: SHA1 > > Hi everyone, > > There is a thread going on, on the sf-basics list about logon banners > and legalities. The general consecutions seems to be one of two > groups of thought; 1) If you put welcome in your logon on banner > this could make you legally responsible if you are attacked (meaning > the attacker can say, "well it said welcome".) 2) This is an urban > legend and not really true. > > My question is can anyone provide links showing that there have been > court cases decided upon this? I found a reference in one of my > cisco design books but it does not provide links or any other > cross-reference. > > Thx, > > Leon ---------------------------------------------------------------------------- This list is provided by the SecurityFocus ARIS analyzer service. For more information on this free incident handling, management and tracking system please see: http://aris.securityfocus.com
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