Security Incidents mailing list archives

RE: Who's liable?


From: "Brian Taylor" <drak3 () atl mediaone net>
Date: Sun, 14 Oct 2001 02:17:42 -0400

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- -----Original Message-----
From: russ () berrex com [mailto:russ () berrex com]
Sent: Saturday, October 13, 2001 21:12
To: Michael F. Bell
Cc: incidents () securityfocus org
Subject: RE: Who's liable?


"Do NOT think for a moment, even in these times of increased federal
jurisdiction that your civil liberties will have become so frail that
the FBI (or other entities) may walk in and take your
equipment/records/business."


Steve Jackson Games would vehemently disagree with you!!!!!!  There
are plenty others on the Black Hat, Grey Hat and even White Hat sides
who have equipment still waiting to be freed.


In defense of the FBI and other law enforcement officials, I will say
that they have gotten a lot more professional since the Neanderthal
days of Operation Sundevil.  No more rubber hoses for the most part. 
Yet and still, 1029 is still a catch-all, and if you are a big enough
suspect, all of the logging in the world won't save you. 

To give my .02 in the question, I would say that the admin is not
liable unless there was gross negligence.  As long as you cooperate
in trying to bring the attacker to justice, you should be fine.

In a perfect world, anyway. 


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