Nmap Announce mailing list archives

Re: nmap..... via web


From: Daemor <brian-g () tamu edu>
Date: Mon, 22 Feb 1999 23:50:47 -0600

In the state of Oregon, for instance, port scanning can be (dependent
upon
interpretation of state/local police) a Computer Crime. An attempt to
access,
without authorization, any network/computer is a misdemeanor. I have
seen
this stick to script kiddies.

(a) To "access" means to instruct, communicate with, store data in,
retrieve
data from or otherwise make use of any resources of a computer,
computer
system or computer network.

Communicate with?  Retrieve data from?  Who authorizes me to connect to
port 80 at www.nsa.gov?  No one,  it is made publicly available.  No
authorazation is required to access the data.  Port scanning simply asks
which services are offered by a computer.  Unless measures have been
taken to restrict access to the data and the individual has attempted to
circumvent those measures then I see no crime.  Being charged with a
misdemeanor simply for port scanning ALONE seems a bit rediculous to
me.  I realize that scanning a host is often followed by an attack on a
system or is part of a search for vulnerable systems but simply asking
if the information is publicly available should not be a crime.

Daemor





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