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On Wednesday 24 July 2002 18:27, Paul M Foster wrote:
> On Tue, Jul 23, 2002 at 09:16:20PM -0400, Brian Coyle wrote:
>
> <snip>
>
> > And IANAL, but I'd be remiss not to mention this:
> >
> > Florida Statute 815 - "The Computer Crimes Act". ?
> > http://www.clas.ufl.edu/docs/flcrimes/section2_1_1.html
> >
> > This law was enacted in 1978 and makes it a third degree
> > felony for "Whoever willfully, knowingly, and without
> > authorization accesses or causes to be accessed any computer,
> > computer system...
[snip]
> IMHO, port scanning is like knocking on the door. You haven't actually
> accessed anything. You're just trying to find out if you _could_ access
> it.
[snip]
However, you need to dig into the terms and definitions for F.S.815:
http://www.clas.ufl.edu/docs/flcrimes/subsubsection2_1_1_2_3.html
#10. "Access" means to approach, instruct, communicate with,
store data, retrieve data, or otherwise make use of any
resources of a computer, computer system, or computer network.
Port scanning certainly fits this definition.
ISTR, Thomas Sadaka, Special Counsel for Computer Crime and Identity Theft
Prosecutions mentioned at the 2001 Uf ITSA day[1] this law has been used
successfully to charge/prosecute port scanners.
[1] http://www.itsa.ufl.edu/day2001.htm
- --
If you're not living on the edge, you're taking up too much space...
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