Re: Draft Convention on Cybercrime

["Mike Black" <mblack () csihq com>]

I'm not a lawyer either...but...it reads pretty clear to me.

All of us that use nmap would NOT be in trouble...only the author, the
web/ftp site and possibly this mailing list.

Quote:
a device, including a computer program, designed or adapted [specifically]
[primarily] [particularly] for the purpose of committing any of the offences
established in accordance with Article 2 - 5;

The above offense and the definition below would say that making nmap and
putting on a website for download would fit under the definition of "dolus
eventualis" -- also know in Homer Simpson terms as "Doh!".  There's no way
that an author or web/ftp site could say "well gee, we didn't think it would
be used for bad purposes".  It's only a little bit of a stretch to say that
a mailing list is a "piece of software" that educates users how to do bad
things (note -- I'm not talking about majordomo here...but the specific
mailing list).  Hacker websites would most certainly be targeted.

(6) In the understanding of certain members of the Drafting Group, "intent"
may also cover "dolus eventualis". For common law countries, this notion
would be similar to "recklessness", i.e. that a person is aware of the high
risk that a certain result may occur and knowingly accepts it. The Drafting
Group agreed that the interpretation of "intent" should be left to national
laws, but it should not, where possible, exclude "dolus eventualis".


----- Original Message -----
From: "Bart van Leeuwen" <bart () ixori demon nl>
To: "Matt Marnell" <coldfuzion () coldfuzion net>; <nmap-hackers () insecure org>
Sent: Friday, June 02, 2000 6:38 PM
Subject: Re: Draft Convention on Cybercrime