Re: Interesting conviction

From: Mike Messick (mike_at_digitalsecurus.com)
Date: 10/08/05

  • Next message: b.hines_at_comcast.net: "Re: Interesting conviction" 
    Date: Fri, 7 Oct 2005 16:28:24 -0800 (AKDT)
To: "jay.tomas@infosecguru.com" <jay.tomas@infosecguru.com>

    You're quite right! ;-)

    Here's mine:

    I think the article's editorial comments about causing problems for
    security professional and penetration testing are pure crap.

    True professionals don't access systems in unauthorized fashion. They
    obtain contractual authorization from the owners of those systems first,
    and then conduct legal penetration tests.

    Most laws are written with intent in mind. That Mr. Cutbert didn't intend
    to do anything bad once he got in is really immaterial - that he *intended
    to gain entry in an unauthorized fashion* is what constituted the
    violation and his subsequent conviction.

    Just because you don't steal the TV after you crowbar the front door open
    doesn't mean you won't go to prison for unlawful entry. Or not get shot
    by the owner (in some states). The fact that you don't have permission to
    be there in the first place is what matters (at least under current law).

    Disclaimer: I'm also not a lawyer, so my opinions will not be backed up
    with any more substance than what's written here. I'm only voicing my
    opinion based upon my experience in this field, and upon what my legal
    counsel has told me.

    Mike Messick
    Chief Technology Officer
    Digital Securus
    http://www.digitalsecurus.com

    On Fri, 7 Oct 2005, jay.tomas@infosecguru.com wrote:

    > Betcha a lot of folks will have some opinions on this one.
    >
    > http://news.zdnet.co.uk/internet/0,39020369,39226979,00.htm
    >
    > Jay
    >
    >
    >

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  • Next message: b.hines_at_comcast.net: "Re: Interesting conviction"

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