nanog mailing list archives

Re: EVERYTHING about Booters (and CloudFlare)


From: Mark Andrews <marka () isc org>
Date: Thu, 28 Jul 2016 10:48:47 +1000


In message <23235.1469666031 () turing-police cc vt edu>, Valdis.Kletnieks () vt edu 
writes:
On Wed, 27 Jul 2016 11:21:02 -0700, Dan Hollis said:
On Wed, 27 Jul 2016, bzs () theworld com wrote:
There isn't even general agreement on whether (or what!) Cloudfare is
doing is a problem.

aiding and abetting. at the very least willful negligence.

aiding and abetting of what, *exactly*?  You can't accuse somebody of
it until (as Barry Shein pointed out) you have a workable definition of
what exactly you're talking about.  Similarly, "willful negligence" in most
places requires you to draw a dotted line between the alleged negligent
action, and some claimed damage or loss on your part - of a form that
a court can provide a remedy for.

As soon as a transaction takes place, conspiricy to harm <X> by
<Y>.  If the DoS actually occurs you can add additional charges for
the actual actions.

This is no different conceptually to hiring a thug to take a baseball
bat to a place.  You can be charged for consipiricy to commit a
crime even if the crime does not occur.

Mark
-- 
Mark Andrews, ISC
1 Seymour St., Dundas Valley, NSW 2117, Australia
PHONE: +61 2 9871 4742                 INTERNET: marka () isc org


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