nanog mailing list archives

Re: EVERYTHING about Booters (and CloudFlare)


From: Valdis.Kletnieks () vt edu
Date: Wed, 27 Jul 2016 21:01:21 -0400

On Thu, 28 Jul 2016 10:48:47 +1000, Mark Andrews said:

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.

If the claim is that a law has been broken, you have to show that <Y> is
actually a crime in the jurisdiction involved.  If it's a civil claim, in
general only <X> will have standing to actually file suit.  That's a big chunk
of the problem - the gamer who ticked off another gamer and got DDoSed doesn't
have the knowledge, time, or resources to file a claim that will actually
accomplish anything, and nobody else can file the claim on their behalf.

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.

Bringing a baseball bat to a place isn't usually in and of itself
illegal. Thug A may bring a bat to someplace, but absent evidence that
Thug B will then use said bat for nefarious purposes, you're still left
with nothing. You have to draw *all* the dots, Mark. :)

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