RE: Port scanning legal

[Mathew Butler <mbutler () tonbu com>]

Great, so you're suggesting punishing good locksmiths or windowmen.

-Mat Butler

-----Original Message-----
From: Christian Kuhtz [mailto:ck () arch bellsouth net]
Sent: Tuesday, December 19, 2000 4:35 PM
To: mdevney () teamsphere com
Cc: nanog () merit edu
Subject: Re: Port scanning legal



On Tue, Dec 19, 2000 at 04:26:33PM -0800, mdevney () teamsphere com wrote:
> I do not understand why people get so uppity about a scan.  Let's be real
> here, a simple portscan is about equivalent to walking along a sidewalk
> and checking out the houses for open windows and doors.  And about as
> harmful.
>
> What is harmful is what sometimes comes after that.  (Not always; not
> usually; not even half the time I'd bet.)  But the only damage a portscan
> does is a few packets over your network and maybe 4M of logs (depending on
> how you're logging).  When writing and enforcing laws, it's important to
> punish what's harmful, not what may be harmful.  Or else looking at houses
> as you walk down the street may be illegal.

I do think there is a difference between looking at houses and windows 
from the street and walking up to them and rattling the door and windows to 
see if it they are locked or determining what model lock, door or window
is used etc.