Re: [Full-disclosure] new law proposal on EU against hacking tools and practices



On Mon, 09 Apr 2012 12:06:24 -0400, Travis Biehn said:

'Clear purpose for committing any of the offenses' is usually easy to prove.

Say I'm heading to Munich for a pen-testing gig, complete with a signed contract
and rules of engagement and a get-out-of-jail-free from their CISO.

How do you "usually easy to prove" that I have Metasploit "for the clear purpose
of committing any of the offenses"? You got evidence of me using Metasploit
on machines not covered by my contract? You got e-mails or IM logs or anything
like that saying I intend to do it?

(Compare and contrast this to at least one previous draft, where they didn't
have to show "clear purpose" - mere possession was sufficient. Consider
that distinction as it applies to a professional pen-tester....)

Attachment: pgpU2Qy4WlEDn.pgp
Description: PGP signature

_______________________________________________
Full-Disclosure - We believe in it.
Charter: http://lists.grok.org.uk/full-disclosure-charter.html
Hosted and sponsored by Secunia - http://secunia.com/

Relevant Pages

  • Re: [Full-disclosure] new law proposal on EU against hacking tools and practices
    ... Say I'm heading to Munich for a pen-testing gig, complete with a signed contract ... You got evidence of me using Metasploit ... Or noobs like me who are not professional pentesters and only hit our own machines/VM's/network devices in the course of self training. ... Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org/ ...
    (Full-Disclosure)
  • Re: TalkTalk free broadband - the details
    ... Ultimately the service must be fit for purpose, ... It's a contract. ... Based on which specific legal judgement and/or law? ...
    (uk.telecom.broadband)
  • Re: VBA contract rates in NYC (1099)?
    ... Since VBA is usually easy, i would said $40 /hr or less. ... Shinya ... > First post to this group -- Hello, all, and please feel free to point me ... > under a 1099 contract. ...
    (microsoft.public.office.developer.vba)
  • Re: Orange - Can I cancel my contract if they no longer provide coverage?
    ... Been on my current contract since April 2009, so not long, although the coverage was brilliant when I took out the contract. ... The relevant factor seems to be, 'Fit for purpose'. ... The sale of goods legislation is also involved with services, and services can also be deemed to be unfit for purpose, but I agree that if the OP can make and receive calls from some parts of the house, he could be in a very weak position. ...
    (uk.telecom.mobile)
  • Re: SOGA Fit for Purpose
    ... therefore the printer, unless sold with these cables, are not fit for purpose. ... apply to anything specifically drawn to the buyer’s attention before ... contract is made, which that examination ought to reveal. ... BTW, am I right in thinking that they were supposed to have standardised the power supply for mobile phones, and were now starting to sell phones without one? ...
    (uk.legal)