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[Fwd: Re: Pentester convicted..]
From: Stuart Thomas <stuartpaulthomas () gmail com>
Date: Thu, 11 May 2006 21:50:39 +0100

There are some interesting debates developing here!  :-)

I would argue the main point in this case is - unauthorised access -

No matter how much good will is arguably present (think about the Daniel Cuthbert <http://www.theregister.co.uk/2005/10/06/tsunami_hacker_convicted/> case in terms of the same defense) you have gained unauthorised access. As ethical IT security experts, with all our knowledge, skill and esoteric talent, we do not have a right to gain unauthorised access. I hate to agree with Craig Wright (as I believe his comments on this list to be too acidic and un-supportive to the novice - although his frustration is completely understandable) however computer misuse legislation across the world carries a golden thread, you must have permission to access a computer system.

It is frustrating to observe the naivety and yet arguably the good will of these individuals who are sentenced to a jail terms (each case on it's own merits/demerits of course). I think generally the professional community is evolving through professionals bodies, and doing a good job. However I believe it is important to maintain the distinction between the professionals who follow a code of ethics and maintain good morals and practices, with those that are not and do not.

As ever the balance between liberty, freedom of speech, and suppression by the state/corporate entities is ever present as we walk through life.

Interesting times.


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