nanog mailing list archives
Re: Internet-wide port scans
From: Valdis.Kletnieks () vt edu
Date: Tue, 16 Oct 2012 12:23:32 -0400
On Tue, 16 Oct 2012 11:38:52 -0400, Darius Jahandarie said:
In particular, my understanding was that since you're sending a SYN, it could very well initiate access to stored communications (although
What 18 USC 2701 actually says, courtesy of www.law.cornell.edu: "Offense. - Except as provided in subsection (c) of this section whoever: (1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or (2) intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section." First off, I believe (but don't have citation handy) there's actual case law that says that a SYN scan doesn't count as "access" (either without or exceeding authorization). And that's *stored* communications (in other words, your mail spool, not mail in-flight). You're better off chasing 18 USC 2511 (wiretapping, where the bits are in motion), and of course the 800 pound gorilla would be 18 USC 1030 (Fraud and related activity in connection with computers). And I'm pretty sure that an NMAP scan doesn't rise to the definition of 'accessed' for any of those. Of course, if the answer actually matters, ask a competent lawyer you've paid for advice. ;)
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Current thread:
- Internet-wide port scans Florian Weimer (Oct 15)
- Re: Internet-wide port scans Darius Jahandarie (Oct 15)
- <Possible follow-ups>
- Re: Internet-wide port scans Scott Weeks (Oct 15)
- Re: Internet-wide port scans Bacon Zombie (Oct 16)
- Re: Internet-wide port scans Darius Jahandarie (Oct 16)
- Re: Internet-wide port scans Valdis . Kletnieks (Oct 16)
- Re: Internet-wide port scans Darius Jahandarie (Oct 16)
- Re: Internet-wide port scans Valdis . Kletnieks (Oct 16)
- Re: Internet-wide port scans Jimmy Hess (Oct 16)
- Re: Internet-wide port scans Jay Ashworth (Oct 16)