Rob Shein wrote: > This is fundamentally flawed logic. To cite a physical-world > equivalent, [..] The problem is that (currently) you can't compare these things... The Internet is a public network where many computers are running public services... so if you (accidently, or not) share your whole C drive... -- snip, quote from Gary Flynn -- >>I'd say they're making it as >>accessible as an anonymous ftp server, Microsoft C$ file >>share with no Administrator >>password, >>Kazaa share of entire hard drive, or telnet server with an account of >>"root" and no >>password. I would think it would be hard to prosecute someone >>in such a case when the service was made publicly available. Exactly, this is also completely legal (or at least) in the Netherlands. Because, you have to do one of these things to commit a crime[1]: - break some kind of security (even if its weak) OR.. - by some technical means: - using false signals OR.. - using a false key OR.. - using a false identity At 15-11-2002 a dutch higher(?) court decided[2] that the police legally obtained evidence in such a case: someone logged in on a share without password on the suspect and found kidp*rn, he then contacted the police which also logged in anonymously on the share (again: no password, no security at all). Because there wasn't any security in place, it was completely legal to do this. Cya, Bram Matthys (Syzop). [1] Dutch law... artikel 138a, "computervredebreuk" [2] http://www.automatiseringsgids.nl/news/default.asp?nwsId=19687 (in dutch) ---------------------------------------------------------------------------- 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
This archive was generated by hypermail 2b30 : Mon Dec 30 2002 - 16:19:47 PST