Re: Arbor Networks DoS defense product

["Kevin Oberman" <oberman () es net>]

> Date: Wed, 15 May 2002 20:04:42 -0700 (PDT)
> From: Dan Hollis <goemon () anime net>
> Sender: owner-nanog () merit edu
>
>
> On Wed, 15 May 2002, PJ wrote:
> > If it's a crime, someone should have no problem citing the code.  If
> > it's not a crime, than I am guilty of nothing and should have nothing
> > to fear.
>
> Do let us know how your portscans of US military networks goes...
>
> > There are always going to be people who are going to probe and poke
>
> Are you one of them?

IANAL, but I do know that last year a federal court in the First US
District (Washington D.C. and surrounding area, as I recall) ruled
that scanning was NOT illegal. It is a court of record and, until
reversed by a higher court, stands a a precedent in that district (but
not others). As far as I know, there has been no higher court ruling.

That said, I guess if you are scanning a system in that district, you
have no problems. But you may have problems if the system(s) scanned
are elsewhere, though there is no specific law on the subject. The
action reviewed by the court was under federal anti-hacking laws which
might be construed as covering port scanning. The court held that they
did not.

R. Kevin Oberman, Network Engineer
Energy Sciences Network (ESnet)
Ernest O. Lawrence Berkeley National Laboratory (Berkeley Lab)
E-mail: oberman () es net                       Phone: +1 510 486-8634