On Tue, Jan 12, 1999 at 05:12:22PM +0000, Michael Shields put this into my mailbox:
In article <19990111101351.04195@dragonlair.dal.net>, Dalvenjah FoxFire <dalvenjah@DAL.NET> wrote:
Much as I hate to say it, this seems to be one area where industry self-regulation has utterly failed. I don't know what would be a better solution; I hate to suggest government regulation. But I'm at a loss here.
Civil liability?
Possibly. I don't know of anyone who's tried suing over a smurf attack. If I could afford the lawyer and the court time I'd do it myself. All we really need is one or two good cases to establish some case law; then the rest of us can have some legal precedent to point to and say "If you don't fix your networks, you're screwed." -dalvenjah -- Dalvenjah FoxFire (aka Sven Nielsen) "Thy wit is as quick as the greyhound's Founder, the DALnet IRC Network mouth - it catches." e-mail: dalvenjah@dal.net WWW: http://www.dal.net/~dalvenjah/ whois: SN90 Try DALnet! http://www.dal.net/
On Tue, 12 Jan 1999, Dalvenjah FoxFire wrote:
Possibly. I don't know of anyone who's tried suing over a smurf attack. If I could afford the lawyer and the court time I'd do it myself. All we really need is one or two good cases to establish some case law; then the rest of us can have some legal precedent to point to and say "If you don't fix your networks, you're screwed."
Should be considered a form of DoS, which is covered by the Computer Fraud and Abuse Act... but only if you can meet the damage amounts, which are pretty high. State computer fraud statutes are also a possible means of going after them, although jurisdictional issues loom larger. Still, those provide remedies against the attacker, not necessarily against the site utilized in the attack. -Ray -- Ray Everett-Church | Haley Bader & Potts, PLC <www.haleybp.com> Attorney at Law | 4350 N. Fairfax Dr. #900, Arlington, VA 22203 ==================== | voice: +1 703 841 0606 fax: +1 703 841 2345 Opinion(REC) != Opinion(client(REC)) ** This mail isn't legal advice.
participants (2)
-
Dalvenjah FoxFire -
Ray Everett-Church