Nmap Announce mailing list archives
Re: Draft Convention on Cybercrime
From: "Mike Black" <mblack () csihq com>
Date: Sat, 3 Jun 2000 07:29:40 -0400
I'm not a lawyer either...but...it reads pretty clear to me. All of us that use nmap would NOT be in trouble...only the author, the web/ftp site and possibly this mailing list. Quote: a device, including a computer program, designed or adapted [specifically] [primarily] [particularly] for the purpose of committing any of the offences established in accordance with Article 2 - 5; The above offense and the definition below would say that making nmap and putting on a website for download would fit under the definition of "dolus eventualis" -- also know in Homer Simpson terms as "Doh!". There's no way that an author or web/ftp site could say "well gee, we didn't think it would be used for bad purposes". It's only a little bit of a stretch to say that a mailing list is a "piece of software" that educates users how to do bad things (note -- I'm not talking about majordomo here...but the specific mailing list). Hacker websites would most certainly be targeted. (6) In the understanding of certain members of the Drafting Group, "intent" may also cover "dolus eventualis". For common law countries, this notion would be similar to "recklessness", i.e. that a person is aware of the high risk that a certain result may occur and knowingly accepts it. The Drafting Group agreed that the interpretation of "intent" should be left to national laws, but it should not, where possible, exclude "dolus eventualis". ----- Original Message ----- From: "Bart van Leeuwen" <bart () ixori demon nl> To: "Matt Marnell" <coldfuzion () coldfuzion net>; <nmap-hackers () insecure org> Sent: Friday, June 02, 2000 6:38 PM Subject: Re: Draft Convention on Cybercrime
Current thread:
- Draft Convention on Cybercrime Matt Marnell (Jun 02)
- Re: Draft Convention on Cybercrime William Bradd (Jun 02)
- Re: Draft Convention on Cybercrime David Ford (Jun 02)
- Re: Draft Convention on Cybercrime Bart van Leeuwen (Jun 02)
- Re: Draft Convention on Cybercrime Mike Black (Jun 03)
- Re: Draft Convention on Cybercrime dhaag (Jun 03)
- Re: Draft Convention on Cybercrime Bart van Leeuwen (Jun 03)
- Re: Draft Convention on Cybercrime David Dennis (Jun 03)
- Re: Draft Convention on Cybercrime Mike Black (Jun 03)
- Re: Draft Convention on Cybercrime White Vampire (Jun 03)
- Re: Draft Convention on Cybercrime Tyler Allison (Jun 03)
- <Possible follow-ups>
- Re: Draft Convention on Cybercrime Matt Marnell (Jun 03)
- RE: Draft Convention on Cybercrime Marjorie Simmons (Jun 03)
- Re: Draft Convention on Cybercrime Jeff Simmons (Jun 03)
- Re: Draft Convention on Cybercrime Simple Nomad (Jun 04)
- RE: Draft Convention on Cybercrime Marjorie Simmons (Jun 05)