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RE: The legal / illegal line?
From: "Craig Wright" <cwright () bdosyd com au>
Date: Mon, 5 Mar 2007 13:21:21 +1100


Do you have an explicit agreement with the third party?

If the answer is No, than all access is prohibited.

There is no license (implied or otherwise) to pen test a site unless it
is explicitly granted. There are civil penalties at the least.

You are more likely asking if the action is criminal in nature or not
and this will vary on the act and juristiction. Without express
permission for the owner/possessor of the property, it is illegal.
Criminal and Illegal are not the same thing. All criminal activity is
illegal, though some illegal actions are not criminal.

Regards,
Craig

-----Original Message-----
From: listbounce () securityfocus com [mailto:listbounce () securityfocus com]
On Behalf Of Barry Fawthrop
Sent: Friday, 2 March 2007 12:47 PM
To: pen-test () securityfocus com
Subject: The legal / illegal line?

Hi All

Curious to hear other views, where does the legal and illegal line stand
in doing a pen test on a third party company?
Does it start at the IP Address/Port Scanning Stage or after say once
access is gained?? very vague I know


I'm also curious to hear from other external/3rd party pen-test
consultants, how they have managed to solve the problem
Where they approach a client who is convinced they have security, and
yet there is classic signs that they don't?
You know that if you did a simple pen-test you would have the evidence
to prove your point all would be mute

But from my current point that would be illegal, even if no access was
gained. (maybe I'm wrong) ??

Perhaps this is just a problem here where I am or perhaps it exists
elsewhere also?

I look forward to your input

Barry


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