On Tue, Jan 12, 1999 at 12:54:23PM -0800, Dalvenjah FoxFire wrote:
Right; that stuff applies to *directly causing* the attack though (e.g. hacking root on a colocated linux box and typing ./smurf victimhost.com). I'm talking about filing some sort of legal action against the intermediaries (smurf relays) who get used by the cracker during the smurf; IANAL, but I would presume if you could show negligence in not being vigilant about security, and then do something showing that they indirectly caused you damage, you could get some sort of action taken against the relays.
The (direct) analogy is landlords who are sued after their tenants notify them about dangerous conditions, which they fail to fix in a workmanlike and expeditious fashion. There's _endless_ case law on this, and even though IANAL, I have some cites available somewhere. Cheers, -- jra -- Jay R. Ashworth jra@baylink.com Member of the Technical Staff Buy copies of The New Hackers Dictionary. The Suncoast Freenet Give them to all your friends. Tampa Bay, Florida http://www.ccil.org/jargon/ +1 813 790 7592