Re: Why do we vote these people in?

From: Peter Lee (wickedsweetat_private)
Date: Tue Oct 02 2001 - 05:09:57 PDT

  • Next message: Dave Aitel: "dcetest v 2.0 available."

    >
    > Luke Potter wrote:
    >
    > This may be a bit off topic, but here goes,
    >
    > The passing of this Bill has been likened to a knee jerk reaction on the
    > governments part, and will greatly influence how security engineers in
    > Australia go about their business.
    >
    >
    http://australianit.news.com.au/common/storyPage/0,3811,2944524%5E442,00.htm
    > l
    >
    
    I certainly don't agree with the legislation, but for what it's worth I
    asked our legal eagles to have a look over the draft bill and their reaction
    was that I am safe from prosecution, despite my collection of goodies,
    provided that every time we do anything to someone else's machines that we
    have written proof from the customer that we can mess with their systems and
    data.  It's all about intent.  If a customer engages you to perform the
    services of a penetration test, and in the disclaimer (we're all using
    legally approved disclaimers, right?) there's a load of really anal sounding
    legalese about how customer X acknowledges we will try to do Really Bad
    Things to them, they can hardly turn around and say you were in possession
    of these tools with intent to commit a crime.
    
    Think of locksmiths and security guards - they don't get busted for having
    all sorts of really cool tools and stuff, because they use them within the
    confines of a contractual arrangement with a customer.  But if the locksmith
    is caught breaking and entering, or the security guard starts taking pot
    shots at passing motorists with his 12 gauge, the "I didn't have intent to
    commit a crime" defense looks pretty thin.
    
    As always, get legal advice.  And not from the Internet, either.
    
    
    ----------------------------------------------------------------------------
    This list is provided by the SecurityFocus Security Intelligence Alert (SIA)
    Service. For more information on SecurityFocus' SIA service which
    automatically alerts you to the latest security vulnerabilities please see:
    https://alerts.securityfocus.com/
    



    This archive was generated by hypermail 2b30 : Tue Oct 02 2001 - 11:36:32 PDT