Security News > 2000 > December > FC: It's OK to do port scans of networks, federal district judge says
---------- Forwarded message ---------- Date: Thu, 14 Dec 2000 17:04:59 -0500 From: Declan McCullagh To: politech () politechbot com Cc: Michael () eMcGuire com Subject: FC: It's OK to do port scans of networks, federal district judge says Recently I participated in a televised American Bar Association panel discussion. Longtime politechnicals will recognize some familiar faces in our group photo: http://www.mccullagh.org/image/950-17/aba-netspionage-broadcast.html The topic of portscanning arose, hence, the below. -Declan ********** Date: Thu, 14 Dec 2000 15:57:13 -0600 To: Declan McCullagh From: "Michael J. McGuire" Subject: Port Scanning Case Declan: This hits on the question I asked you and Ron Dick during the panel presentation. I thought I'd forward it on. Unauthorized remote testing of a computer network using techniques such as a port scan and a throughput test did not result in "damage" to the network within the meaning of the federal computer crime statute or the civil recovery provisions of Georgia's computer crime law, a federal district court in Georgia holds. The court concluded that an imperceptible slowdown in performance was not damage under the Georgia law. With respect to the federal statute, the court holds that--without an impairment to the integrity of the network--money spent investigating the defendant's activities could not be considered "damage." Moulton v. VC3, N.D. Ga., Civil Action File No. 1:00-CV-434-TWT, 11/7/00 The text of the court's opinion is available at http://pub.bna.com/eclr/00434.htm>. Michael McGuire ----------------------------------------------------------------------- POLITECH -- the moderated mailing list of politics and technology You may redistribute this message freely if it remains intact. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ ---------------------------------------------------------------------- ISN is hosted by SecurityFocus.com --- To unsubscribe email LISTSERV () SecurityFocus com with a message body of "SIGNOFF ISN".
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