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 ---------------------------------------------------------------------------- This list is provided by the SecurityFocus ARIS analyzer service. For more information on this free incident handling, management and tracking system please see: http://aris.securityfocus.com
Current thread:
- Re: Who's liable? - fbi, (continued)
- Re: Who's liable? - fbi Alvin Oga (Oct 13)
- Re: Who's liable? Alvin Oga (Oct 13)
- RE: Who's liable? Chris Mason (Oct 13)
- RE: Who's liable? Liam Burrow (Oct 13)
- RE: Who's liable? Russell Berry (Oct 13)
- RE: Who's liable? Brian Taylor (Oct 14)
- Re: Who's liable? Frank (Oct 14)
- RE: Who's liable? Michael Conlen (Oct 14)
- RE: Who's liable? Rob Keown (Oct 13)
- Re: Who's liable? Kelly Martin (Oct 13)
- Re: Who's liable? Doug Foster (Oct 14)
- Re: Who's liable? Kelly Martin (Oct 14)
- RE: Who's liable? Shashi Dookhee (Oct 14)
- Re: Who's liable? HarryM (Oct 14)
- Re: Who's liable? macdaddy (Oct 14)
- Message not available
- Re: Who's liable? Jason Giglio (Oct 14)
- Re: Who's liable? Kelly Martin (Oct 13)