Security Incidents mailing list archives

Re: RPAT - Realtime Proxy Abuse Triangulation


From: Syzop <syz () dds nl>
Date: Mon, 30 Dec 2002 22:12:59 +0100

Rob Shein wrote:
This is fundamentally flawed logic.  To cite a physical-world
equivalent, [..]

The problem is that (currently) you can't compare these things...
The Internet is a public network where many computers are running public
services... so if you (accidently, or not) share your whole C drive...

-- snip, quote from Gary Flynn --
>>I'd say they're making it as
accessible as an anonymous ftp server, Microsoft C$ file share with no Administrator password, Kazaa share of entire hard drive, or telnet server with an account of "root" and no password. I would think it would be hard to prosecute someone in such a case when the service was made publicly available.

Exactly, this is also completely legal (or at least) in the Netherlands.
Because, you have to do one of these things to commit a crime[1]:
- break some kind of security (even if its weak)
OR..
- by some technical means:
  - using false signals OR..
  - using a false key OR..
  - using a false identity

At 15-11-2002 a dutch higher(?) court decided[2] that the police legally
obtained evidence in such a case:
someone logged in on a share without password on the suspect and found
kidp*rn, he then contacted the police which also logged in anonymously
on the share (again: no password, no security at all).
Because there wasn't any security in place, it was completely legal
to do this.

Cya,

        Bram Matthys (Syzop).

[1] Dutch law... artikel 138a, "computervredebreuk"
[2] http://www.automatiseringsgids.nl/news/default.asp?nwsId=19687 (in dutch)


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