Snort mailing list archives

RE: American laws on compromised server legal respo nsibilities


From: "Cessna, Michael" <MCessna () rtm com>
Date: Mon, 28 Jan 2002 09:44:56 -0500

A thread of this topic was on the firewalls list last summer. After a lot of
back and forth posting it seems that no one knows. The best topic was that
of a conviction through negligence, the analogy given was that if you leave
your car unlocked and the keys in it and someone steals it and commits a
crime, then since you were negligent in securing your car you were liable in
part for the crime committed, how much liability you carry was not
discussed. Try searching the firewalls () lists gnac net, I'm pretty sure the
thread was from last summer.
Good luck with this thorny issue,
Mike
-----Original Message-----
From: Ian Masters [mailto:ian () pineapple co jp]
Sent: Sunday, January 27, 2002 10:04 PM
To: snort-users () lists sourceforge net
Subject: [Snort-users] American laws on compromised server legal
responsibilities


This may be a little off topic, but I think it might apply to many users of 
this list.

Do any of our USA list members know if there are any American laws directly 
pertinent to the legal responsibilities of the owner of a server that has 
been compromised and used to attack a third party.

It looks to me as though even under Tort law it would be difficult to bring 
a case, where there is no contract between the the owner of the damaged 
server and the owner of the compromised server.

If anyone has any information to the contrary, I'd be very grateful to hear 
about it. If you're able to point me in the direction of any resources I'd 
also be very grateful. The only documents of any use I've been able to find 
is at

http://rr.sans.org/legal/liability.php
http://rr.sans.org/legal/law.php

and the legal section generally:

http://rr.sans.org/legal/

Ian Masters
Pineapple Company 



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