RE: Is portscanning legal? was Re: application for an employment

["Craig Wright" <cwright () bdosyd com au>]

Angsar,

You just show that you have no idea about the law.

Statuette and codified law is but the tip of the iceberg.

 

You need to look at;

Secondary law

Convention

Precedent

The Maxims

 

This is just as a start. Next you also need to look at referential issues.

 

Choosing to read a summary on a wiki does not substitute for reading the actual law and does not give any understanding.

 

Again. The response to a property right is a general duty on other people not to interfere with the “res” (thing). This 
is a maxim in law. Keep believing otherwise, it does nothing to change the truth.

 

Harrison v. Carswell (1975), [1976] 2 S.C.R. 200

Restatement (Second) of Torts § 217 

Bradley v. American Smelting & Refining Co., 104 Wn.2d 677, 681, 709 P.2d 782 (1985

Dixon J in Penfolds Wines v Elliot (1946) 74 CLR 204 stated (at 229)

(summaries in prior posts)
 
Craig

        -----Original Message----- 
        From: Ansgar -59cobalt- Wiechers [mailto:bugtraq () planetcobalt net] 
        Sent: Thu 6/04/2006 5:38 AM 
        To: 'security-basics () securityfocus com' 
        Cc: 
        Subject: Re: Is portscanning legal? was Re: application for an employment
        
        
        On 2006-04-04 c.s.wright () unn ac uk wrote:
        >> Here, the port scanning has caused a server reboot and damage... but
        >> would the exact same danger not also be there if I use a mass
        >> downloader to download from the web site and cause the server reboot?
        >
        > If the site has a set of terms and conditiuons that forbid mass
        > downloaders and site mirrors than you are violating the policy and if
        > you cause the damage you are liable.
        
        Even if the site hadn't terms forbidding it one might be liable for
        causing damage that way.
        
        > Port scanning with autorisation is legal,
        
        Yes.
        
        > without is illegal.
        
        No.
        
        > Just as driving with a licence is lefgal and without is iullegal.
        
        Driving without license is illegal, because there are laws against it
        (in Germany that's § 21 StVG). There are, however, no laws against
        port-scanning.
        
        Regards
        Ansgar Wiechers
        --
        "All vulnerabilities deserve a public fear period prior to patches
        becoming available."
        --Jason Coombs on Bugtraq
        
        


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