Re: EVERYTHING about Booters (and CloudFlare)

[Mark Andrews <marka () isc org>]

In message <31450.1469667681 () turing-police cc vt edu>, Valdis.Kletnieks () vt edu 
writes:
> On Thu, 28 Jul 2016 10:48:47 +1000, Mark Andrews said:
>
> > As soon as a transaction takes place, conspiricy to harm <X> by
> > <Y>.  If the DoS actually occurs you can add additional charges for
> > the actual actions.
>
> If the claim is that a law has been broken, you have to show that <Y> is
> actually a crime in the jurisdiction involved.  If it's a civil claim, in
> general only <X> will have standing to actually file suit.  That's a big chun
> k
> of the problem - the gamer who ticked off another gamer and got DDoSed doesn'
> t
> have the knowledge, time, or resources to file a claim that will actually
> accomplish anything, and nobody else can file the claim on their behalf.

There have always been plenty of laws to cover DoS attacks.  You
don't need "with a computer" in the law.  You just need to apply
existing laws.

> > This is no different conceptually to hiring a thug to take a baseball
> > bat to a place.  You can be charged for consipiricy to commit a
> > crime even if the crime does not occur.
>
> Bringing a baseball bat to a place isn't usually in and of itself
> illegal. Thug A may bring a bat to someplace, but absent evidence that
> Thug B will then use said bat for nefarious purposes, you're still left
> with nothing. You have to draw *all* the dots, Mark. :)

It's the hiring that triggers the conspircy.  The crime has been
committed the moment there is agreement to perform the act.

Mark
-- 
Mark Andrews, ISC
1 Seymour St., Dundas Valley, NSW 2117, Australia
PHONE: +61 2 9871 4742                 INTERNET: marka () isc org