Re: What Can You Do?

On 5/20/2015 3:42 PM, Dan wrote:

This is outside my realm of experience, but I have to say that I am
surprised that attempts to merely access a server with the *intent* of
malfeasance is not considered to be a crime.  So, I can keep banging away
at a bank's server and, as long as I don't break in, I've not committed any
crime?

That doesn't smell right to me.

The law, lawyers and judges have mostly no clue how to deal with most
digital issues.  The last time I was in front of a judge for something
like this, the closest he got to an Aha! was the analogy of someone
knocking on my door.  It's not illegal to knock on the door.  It's not
illegal to knock 27 times.  After some large number, it becomes
harassment.  Great, a legal breakthrough!

Now try to get a local (city, county, state) judge to issue a
restraining order against an Australian ISP.  No jurisdiction.

Call the US Attorney General to issue a restraining order against an
Australian ISP.  The best case scenario is the office laughs at you.
The worst case is that they know what is happening and ask you why you
should be going after the guy whose PC has been 'stolen' instead of the
guy controlling the zombie farm and gently suggest that Cisco can help
you with DDoS information.

Frown.

Until the law catches up (ie someone really big like Sony lobbies for
it) we're on our own.

--
   --buck

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