Re: new law proposal on EU against hacking tools and practices

[Valdis.Kletnieks () vt edu]

On Mon, 09 Apr 2012 12:06:24 -0400, Travis Biehn said:

> 'Clear purpose for committing any of the offenses' is usually easy to prove.

Say I'm heading to Munich for a pen-testing gig, complete with a signed contract
and rules of engagement and a get-out-of-jail-free from their CISO.

How do you "usually easy to prove" that I have Metasploit "for the clear purpose
of committing any of the offenses"?  You got evidence of me using Metasploit
on machines not covered by my contract?  You got e-mails or IM logs or anything
like that saying I intend to do it?

(Compare and contrast this to at least one previous draft, where they didn't
have to show "clear purpose" - mere possession was sufficient.  Consider
that distinction as it applies to a professional pen-tester....)

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