Re: If Lycos can attack spammer sites, can we all start doing it?

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Not to mention this discusses US LAW, not EU.

j

On Thu, 02 Dec 2004 09:19:02 -0800 Valdis.Kletnieks () vt edu wrote:
> On Wed, 01 Dec 2004 22:22:30 EST, KrispyKringle said:
>
> > The Computer Fraud and Abuse Act
> > (http://www.usdoj.gov/criminal/cybercrime/1030_new.html) forbids

> one to,
> > among other things, ``knowingly cause the transmission of a
> program,
> > information, code, or command, and as a result of such conduct,
> > intentionally cause damage without authorization, to a protected
> > computer,'' which pretty much covers viruses and other malware.
> This
> > would appear to apply to the Lycos software as well, given that
> it
> > ``causes damage without authorization to a protected computer.''

> So that
> > is the key point, one that has not, to my knowledge, been tested

> in court.
>
> The point that Lycos is probably betting on is the "causes
> damage".  If their
> rate-limiting works, they're *NOT* actually causing a DDoS - if
> the site is
> still responding, claiming "damage to the computer" is quite the
> reach.
>
> Damage to the bandwidth bill from your provider - that's something

> else.  Not
> sure that's a criminal offense, but I'd not be at all surprised if

> the ISP
> left holding the bag for the unpail bill (what - you think the
> spammer will
> actually pay for the bandwidth? ;) might go after Lycos on the
> "your actions
> cost me money" theory of civil tort.
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