Security Incidents mailing list archives

Re: Who's liable?


From: "Doug Foster" <fosterd () airshow net>
Date: Sat, 13 Oct 2001 20:10:21 -0400

If the site from which the attack is launched is ignorant of any
criminal
activity then there is no *criminal* recourse.

That's not necessarily true.  Under federal law, if you are
deliberately ignorant of (that is, you take affirmative efforts to
avoid having knowledge of) some fact or condition, then you can be
held to have had "knowledge" of that fact or condition, and if that
leads to criminal liability, then so be it.


Is there such a thing as *criminal liability*?  I thought there was only
*civil liability*.    Isn't the issue whether the site without logging is
criminally responsible, AND/OR civily liable for damages?  I'm not a lawyer,
if someone can clear this up, I'd appreciate it.


-- Doug



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