Re: [dcphp-dev] Re: Security quick read

Well, according the CFAA it's a criminal offense to be one who:

[...]
(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains— [...]
(C) information from any protected computer;

Where a protected computer is:

[One] which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States...

Given that pretty much any access to something on the internet is "interstate communication" and gaining access to a host without having a specific user created by the owner would definitely qualify as "accesses a computer without authorization or exceeds authorized access" I think it is a pretty clear violation of the CFAA. C.f. Andrew "weev" Auernheimer.

On 4/9/13 2:21 PM, Memo wrote:

That is sort of what I meant about borders.  Security researchers, when they do this kind of thing, generally cross many of them via VPN, causing an impossible subpoena quagmire; not to mention the pivoting they may continue to make from hosts they infect/control.

Short of a direct confession, good luck getting proof of a pro's actions.

On Tue, Apr 9, 2013 at 2:07 PM, Eric Maag <eric.maag@gmail.com> wrote:

I'm not a lawer, but I would imagine that  B&E laws do not translate
over to the digital world on a 1:1.  How about to a computer in a farm
somewhere overseas? I (fortunately) haven't had to deal with any sort
of legal ramifications from data/server being compromised, either as a
client or a dev, but maybe someone can chime in on the legal side of
it.

Beuller?

On Tue, Apr 9, 2013 at 2:01 PM, Sandy Smith <sandy@sfsmith.com> wrote:
> Even trying the handle and opening if it's unlocked and then going in is
> legally Breaking and Entering.
>
> Sent from my iPhone
>
> On Apr 9, 2013, at 1:29 PM, Neal Anders <neal.anders@gmail.com> wrote:
>
> This is more akin to someone coming to your door, attempting to unlock it by
> trying several common keys, then going inside to make some long-distance
> phone calls.
>
> On Monday, April 8, 2013 6:19:13 PM UTC-4, Anonymous wrote:
>>
>> It absolutely negates trespass.  If you leave your front door wide open
>> and your gas stove on, and someone knocks on your door to try and warn you
>> about it (or in this case, leave a note tape to your door), you don't get to
>> claim trespass and arrest him.
>>
>>
>> On Thu, Apr 4, 2013 at 8:46 AM, Neal Anders <neal....@gmail.com> wrote:
>>>
>>> Fascinating research and insightful data.That being said, intent does not
>>> negate trespass. - Neal
>>>
>>>
>>> On Wednesday, April 3, 2013 6:48:33 AM UTC-4, Ray Paseur wrote:
>>>>
>>>>
>>>> http://www.techrepublic.com/blog/security/the-security-implications-of-420000-vulnerable-hosts/9273?tag=nl.e101&s_cid=e101&ttag=e101
>>>
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