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Re: scanning
From: Valdis.Kletnieks () vt edu
Date: Fri, 02 Jun 2006 01:38:31 -0400

On Fri, 02 Jun 2006 00:34:35 EDT, Simon Smith said:

who ran nessus against you but never penetrated your systems. From
expereince, the FBI only takes interest in crimes that cause roughly
$50,000.00 in damage or more. If you are below that mark or if they are
too busy... you won't get jack unless you pay for it.

Note however that there is case-law precedent in the US where the costs of
investigation and clean-up can be counted toward the $5,000 requirement
in 18 USC 1030(a)5(B)(i).  The big gotchas there are the phrases "would have
caused" and "aggregated". 

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001030----000-.html

What's this mean? It means that if you scan some lame-ass system and it
crashes as a result, you might be in deep shit.  And "it shouldn't have
crashed from a portscan" does *not* hold up in court.

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