RE: Port scanning legal

[Roeland Meyer <rmeyer () mhsc com>]

> From: Steven M. Bellovin [mailto:smb () research att com]
> Sent: Tuesday, December 19, 2000 2:23 PM

Thanks for re-quoting this ...

> In message 
> <Pine.LNX.4.30.0012190930530.27364-100000@labyrinth.local>, "Edward 
> S. Marshall" writes:
> > http://www.securityfocus.com/templates/article.html?id=126

> > This may have ramifications for both security professionals 
> and abuse desk
> > personnel; this ruling would seem to make it clear that you 
> cannot claim
> > time spent investigating abuse issues as damage. The 
> complete finding is
> > here:
> >
> >    http://pub.bna.com/eclr/00434.htm
> >
> > Any armchair lawyers on the list want to take a crack at this?

After reading the specifics I could find. It would seem that you could bill
for the investigation only AFTER there has been a break-in. Bad analogies
aside, a port scan isn't a break-in, by any stretch of the imagination.
Therefore, on its own, it's not billable. However, if a break-in has been
proven, time spent on the investigation, before-hand, becomes billable.

-- 
IANAL - I Am Not A Lawyer. Before taking action on anything I say, you are
encouraged to seek legal advice.