Re: legal Question on scans
From: Bob Bernstein (bernstein_at_cesmail.net)
Date: 07/21/03
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Date: Mon, 21 Jul 2003 17:18:28 -0400
My brilliant interventions in this thread, bringing (as usual) the Light
of Reason to Muddle-headed Darkness, appear to have finally carried the
day, as TrollBoy capitulates!:
On Mon, 21 Jul 2003, /dev/rob0 wrote:
> You have misunderstood my position, which is not specifically that
> port scanning is illegal.
So what _is_ this lamentable thread about?
> 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.
IF the topic is the legal status of port-scanning per se, then it is of
great relevance, as I rather astutely noted in the portion of my
followup you declined to cite! What in fact needs to be further
adjudicated in Texas is the meaning and scope of the term "access" as it
is defined in the statute. This will be a work-in-progress, adversarial
in nature, and one whose outcome is still very much unknown.
Now, if what you want to do is bemoan the fact that life is fraught with
uncertainty and peril, and that justice is often in rare supply, then
may I humbly, but, again, rather astutely, refer you to other newsgroups
whose charters are more apposite to your concern. Perhaps in the
metaphysical or existential areas...
-- Bob Bernstein
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