Daniel:
>> ...but there is something that feels different from trespassing
>> on your property when the crime is someone's bits finding their
>> way onto your wire. Is it really so clear that it's the same thing?
Why, yes it is. But they are different in degree. A pond and the Pacific
ocean are both bodies of water, but to different degrees.
>> How about the kids who tried to find out if they were accepted
>> by Harvard. They "hacked into a web-server" ... by removing the
>> filename from the URL and following a link in the directory listing.
>> Is that to become a felony next? Is it already?
Much more gray, that one. Since the data was posted in a publicly-available
server, I would consider it unprotected data. If I put a confidential file
on the sales counter where any customer can pick it up, and one does, then
he's not reading a confidential memo because I didn't treat it as such. If
you claim something is a company secret, but don't treat it as such, the
courts tend to follow your treatment. Posting secret data on a web server
is improper treatment. Had it been credit card data, Harvard might be
guilty of negligence.
>> Again, I take no part in any of this "hacking" and don't condone it,
>> but is it wrong to ask the questions?
Yes, it is wrong (in China). In the USA, it's ok to ask (in theory). In
SLUGonia, it's a good thing...
Ken Elliott
=====================
________________________________
From: slug@nks.net [mailto:slug@nks.net] On Behalf Of Daniel Jarboe
Sent: Thursday, July 21, 2005 10:55 PM
To: slug@nks.net
Subject: Re: [SLUG] Son of a dog...
Not a popular position, but...
> He is clearly trespassing (hacking) on my property (server).
Are these lines really so very clear?
> If the server crashing would risk lives, he has committed a great crime.
Yes, a felony. Involuntary manslaughter would probably stick if lives were
lost and the causation clear.
> If the server crashing means almost nothing, he has committed a minor
crime.
Yes, again a felony depending on the circumstances.
> Both are crimes (assuming the proper law for these crimes exist).
A lot of things are crimes. I'm not condoning any of it, but there is
something that feels different from trespassing on your property when the
crime is someone's bits finding their way onto your wire. Is it really so
clear that it's the same thing?
How about the kids who tried to find out if they were accepted by Harvard.
They "hacked into a web-server" ... by removing the filename from the URL
and following a link in the directory listing. Is that to become a felony
next? Is it already?
Again, I take no part in any of this "hacking" and don't condone it, but is
it wrong to ask the questions?
I know... | cat > politics
But I haven't hit Send yet. Bah,
~ Daniel
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