Penetration Testing mailing list archives

Re: Interesting conviction


From: Rogan Dawes <discard () dawes za net>
Date: Sun, 09 Oct 2005 17:40:14 +0200

Mike Messick wrote:
You're quite right!  ;-)

Here's mine:

I think the article's editorial comments about causing problems for
security professional and penetration testing are pure crap.

[snip]


Most laws are written with intent in mind.  That Mr. Cutbert didn't intend
to do anything bad once he got in is really immaterial - that he *intended
to gain entry in an unauthorized fashion* is what constituted the
violation and his subsequent conviction.

[snip]

Just because you don't steal the TV after you crowbar the front door open
doesn't mean you won't go to prison for unlawful entry.  Or not get shot
by the owner (in some states).  The fact that you don't have permission to
be there in the first place is what matters (at least under current law).


Mr Cuthbert was simply attempting to verify the security of an institution that he had decided to entrust his credit card details to.

Granted, one should not try to break into the vault of a bank to check their security, but I think that his intent was somewhat closer to rattling the lock on the safety deposit box after dropping your money in, to make sure that someone else can't just come along and help themself.

Rogan

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