[prev in list] [next in list] [prev in thread] [next in thread] 

List:       inet-access
Subject:    Re: Need some legal help
From:       JC Dill <inet-list () vo ! cnchost ! com>
Date:       1999-04-30 22:22:28
[Download RAW message or body]

>On Fri, 30 Apr 1999, Webmaster wrote:
>> We've just received complaints from some universities about malicous
>> attacks and break-in attempts from one of our users.  Do you know which
>> law, chapter, code, etc... this crime falls under as well as the amount of
>> fine and imprison term?
>> Thank you very much for your input.

Does the *amount* of the fine or imprisonment term affect the actions you
are going to take?  If so, why?  Does it make a difference to you if the
perpetrator is subject to a possible 6 months imprisonment and $1000 fine
(as is typical with most misdemeanor crimes) or if the infraction is a
felony and subject to much larger fines and longer prison terms?  Both from
a moral viewpoint and from a legal viewpoint (to avoid being implicated in
the crime, as an accessory after the fact), *your* actions should be the
same in either case, you should act as if one of your users is charged with
committing a serious crime while using your service, and fully cooperate in
bringing the accused to justice.

Malicious attacks and break-in attempts *are* illegal pretty much
everywhere in the world, if nothing else they are at *least* a form of
trespass.  If anything is damaged, (even if it's just their "connectivity")
then it can be considered criminal trespass.   In some areas, new laws are
being enacted to specifically address computer break-ins, but the older
laws still cover this sort of event under general property and privacy laws
(such as trespass laws).  

So, treat your implicated user as an "accused criminal".  Cooperate with
those who are seeking redress.  

Most importantly, cover your ass by requiring subpoenas before revealing
any log files or confidential information needed by the victims to obtain
redress from the perpetrator, and comply with subpoenas to the letter of
the law, providing only the specific information requested therein.   Note
that there is nothing wrong with giving the victim some guidelines on how
to word the subpoena to request exactly the information they need - no more
and no less - and will simplify both parties' lives immensely.

And contact your lawyer, duh.  IANAL.

jc

-
Send 'unsubscribe' in the body to 'list-request@inet-access.net' to leave.
Eat sushi frequently.   inet@inet-access.net is the human contact address.

[prev in list] [next in list] [prev in thread] [next in thread]