Re: legal Question on scans

From: /dev/rob0 (rob0_at_gmx.co.uk)
Date: 07/21/03 

Date: Mon, 21 Jul 2003 09:54:57 -0700

In article <bffrf2$de2$1@nntp.itservices.ubc.ca>, Bill Unruh wrote:
> ]That's the whole point here: you CAN get into trouble for being a good
> ]sysadmin. No, Mr. Hyperbole, not that you *WILL*. You can get into legal
> ]trouble for doing ANYTHING a law enforcement official dislikes and/or
> ]misunderstands.
>
> So? What has this to do with your claim that scanning is illegal? You

You have misunderstood my position, which is not specifically that port
scanning is illegal. I'm only saying that the PEOPLE who enforce the law
might well THINK it is (or should be) illegal, and that their opinion,
ignorant or not, is what matters.

Specifically about scanning, I did read the link to the Texas law, and
that DOES sound like it would prohibit port scanning. Mr. Bernstein
noted elsewhere in the thread that the word "scan" does not appear in
said statute, and that of course has no relevance whatsoever. One might
similarly observe that there is no law mentioning the act of throwing a
pie in the face of the Prime Minister, yet a ruffian doing so must
surely expect to get his just desserts. :)
  http://abcnews.go.com/sections/world/DailyNews/canada000816.html

> can get into trouble just for existing. A cop or a judge can get you for
> no reason whatsoever. But that has nothing to do with whether or not
> scanning is legal.

Well, yes and no. As above, their opinion can hurt you, as it did Scott
Moulton in Georgia.

A lot of people I meet seem to have implicit trust in authority. Whilst
I'm sure that most people in positions of authority have integrity and
good will, I also believe that power corrupts. I've seen it firsthand: a
law enforcement person getting personally angry and inflicting injustice
out of a desire for vengeance. I'll bet most of us have seen things like
this too. YOU seem to understand this, but many do not.

I've also seen that jurists are routinely making important decisions in
matters where they have little if any practical knowledge. An excellent
example from fiction, which I have seen holds true IRL, is (we're going
WAY off topic here :) the judge from the movie, "Mrs. Doubtfire". He
sounded thoughtful and reasonable, yet we, the audience, knew that his
verdict was absolute rubbish for all involved.

Furthermore I believe that laws are so complex and unwieldy that ANYONE
at any time could conceivably be prosecuted for some infraction. No one,
not even people who work with law every day, can possibly be aware of
everything proscribed by law. The safest course is to avoid the scrutiny
of law enforcement officials altogether. 

-- 
  /dev/rob0 - preferred_email=i$((28*28+28))@softhome.net
  or put "not-spam" or "/dev/rob0" in Subject header to reply

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