19 Dec
2000
19 Dec
'00
1:57 p.m.
On Tue, Dec 19, 2000 at 11:59:23AM -0500, John Fraizer wrote:
Had he likened portscanning someones network to walking into their back yard with a ladder, climbing up to the second floor and checking for open windows, perhaps the court would have found differently.
I'm sure they would, but it's a deeply flawed analogy. How many ports must be scanned before you deem it an attack? Is one port enough? Five? 50? If you pick a number here, is that arbitrary, or do you have a valid logical (and legally-supportable) reason for the number? If one port is sufficient, then the act of typing an IP address into a web browser to see if there's a web server listening is a crime.