[Cialug] vote

[Chris Hilton]

"The last subsection under Section 1030(a)(5) is a catchall misdemeanor.
It targets "outside" hackers who intentionally access a protected
computer and cause any sort of damage. The hacker doesn˙t have to intend
to cause any damage. But the difference with this subsection and the one
above is that the hacker˙s actions here are not considered "reckless."
For example, if a hacker exploits a Sendmail bug and negligently erases
a file in the process, he would be liable under this subsection."

I assume this refers to that; but nmap can't really be considered an
access as it doesn't request any information (although I suppose a good
lawyer could prove God is the Devil and vice versa so maybe it could
be).

Unlikely is my theme, unlikely.  Wrong yes, but unlikely.

Anyway!  Moving on..

On Wed, 2004-11-03 at 16:12 -0600, D. Joe Anderson wrote:
> On Wed, Nov 03, 2004 at 03:34:54PM -0600, Chris Hilton wrote:
> > I'm well aware of [...] the Patriot Act.
> 
> Are you?
> 
> > The Patriot Act has no direct problem with OSS that I can see; I don't
> > see how it would hamper the development of free software.  
> > While I understand the political dangers of the Patriot Act, the odds of
> > it directly affecting you seem to be slim (unless there is some kind of
> > nationwide internet activity snooping ordered by the President).
> 
>   The Impact of the USA Patriot Act on Network Security Practice --- Online Security - Intelligence Community Forum
> 
>   http://www.onlinesecurity.com/Community_Forum/Community_Forum_detail22.php
> 
> Intel's case against Randal Schwartz was devastating to him. 
> Hard as it is to imagine anything worse in terms of the
> punishment far exceeding the crime, the Patriot Act, as I read
> this link, would have opened him to criminal (instead of just
> devastating civil) penalties.
> 
> Or, in other words, be careful where you point that copy of
> nessus or nmap, bub, it could land you in the slammer on a
> felony conviction.  Don't get too curious about those boxes that
> are hammering yours over the network--you get one toe over the
> line, and congratulations, you are a "cyberterrorist".
>