FC: It's OK to do port scans of networks, federal district judge says

[InfoSec News <isn () C4I ORG>]

---------- Forwarded message ----------
Date: Thu, 14 Dec 2000 17:04:59 -0500
From: Declan McCullagh <declan () well com>
To: politech () politechbot com
Cc: Michael () eMcGuire com
Subject: FC: It's OK to do port scans of networks, federal district judge  says

Recently I participated in a televised American Bar Association panel
discussion. Longtime politechnicals will recognize some familiar faces
in our group photo:
http://www.mccullagh.org/image/950-17/aba-netspionage-broadcast.html

The topic of portscanning arose, hence, the below.

-Declan

**********

Date: Thu, 14 Dec 2000 15:57:13 -0600
To: Declan McCullagh <declan () well com>
From: "Michael J. McGuire" <Michael () eMcGuire com>
Subject: Port Scanning Case

Declan:

This hits on the question I asked you and Ron Dick during the panel
presentation. I thought I'd forward it on.

Unauthorized remote testing of a computer network using techniques
such as a port scan and a throughput test did not result in "damage"
to the network within the meaning of the federal computer crime
statute or the civil recovery provisions of Georgia's computer crime
law, a federal district court in Georgia holds. The court concluded
that an imperceptible slowdown in performance was not damage under the
Georgia law. With respect to the federal statute, the court holds
that--without an impairment to the integrity of the network--money
spent investigating the defendant's activities could not be considered
"damage."

Moulton v. VC3, N.D. Ga., Civil Action File No. 1:00-CV-434-TWT, 11/7/00

The text of the court's opinion is available at
<<http://pub.bna.com/eclr/00434.htm>http://pub.bna.com/eclr/00434.htm>.

Michael McGuire


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