RE: application for an employment




Hi,

"Putting a box with a public IP on a public net offering public services is like presenting products in a Walmart or an Aldi respectively. I'm neither obliged to know what I'll buy before visiting the store, nor to only buy products that have been advertised. I look at different places, and search, to see what's available, and touch. This is all legal."

To go into this, I will assume web as "most" other services do not apply to this. A site that "sells" is a site that has an open (based on terms) offer to treat. A site that is just has



brochure-ware is just like a billboard. An advert. Other sites are more like a library. What is being offered and any terms on the site will apply to the reasoning.



See -



http://www.amazon.com/exec/obidos/tg/browse/-/508088/103-5987069-3709428



For example terms.



Illegality starts when you breach the terms of the site. These are either the express terms – see above as example or the implied terms associated with the use of WWW systems on the Internet. There are RFC’s and Standards galore to help here as well as the local rules associated with fair use, contracting etc.



Even though a store for your example is public, there are rules to the use – i.e. conditions, associated with it. You may have to agree to have your bags searched for example. You can not look in locked draws, You have no rights to go behind the counter etc.



And as to the final part. If I was hiring a systems admin. I would not be looking to their pen. Testing skills. I would be hiring a person who could first and foremost run the server to the standards and policy of my organisation. Patching, disk monitoring, change control etc. All the “fun” things that port scanning has nothing to do with that make a server run well.



Regards

Craig









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