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



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On 09/04/2012 17:43, Valdis.Kletnieks@xxxxxx wrote:
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....)

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.

Like having a tool kit in my car doesn't mean I am going prepared to commit burglary.

Innocent until proven guilty has worked quite well in the past.


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