From: Craig Wright (cwright@bdosyd.com.au)
Date: Mon Mar 05 2007 - 13:49:35 EST
Hello,
In response, first you have confused criminal and illegal, a common error.
In response to the analogy, you have committed a trespass when you push the door as well. The implied license to go to the door for a valid purpose is negated the instant that you exceed that license by pushing on the door to see if it is open. It is not a general implied condition that you can test to see if doors are open. This is thus a tort - i.e. illegal.
Likewise, scanning without authorisation is illegal. The question of whether it is criminal will vary according to jurisdiction. Either way it is illegal. Being able to take action is a different matter again.
Regards,
Craig
________________________________
From: listbounce@securityfocus.com on behalf of admin
Sent: Mon 5/03/2007 10:05 PM
To: Barry Fawthrop
Cc: pen-test@securityfocus.com
Subject: Re: The legal / illegal line?
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Barry Fawthrop wrote:
> Hi All
>
> Curious to hear other views, where does the legal and illegal line stand
> in doing a pen test on a third party company?
> Does it start at the IP Address/Port Scanning Stage or after say once
> access is gained?? very vague I know
Hi Barry,
I am new to IT security and new to this list. I could be wrong here but,
as far as I am aware scanning for open ports is not illegal. It is akin
to walking down a residential street knocking on doors or pushing them
to see if they are open. As soon as you enter a system through an open
port, just as in the residential street metaphor, you are then
committing trespass.
The only legal option and this is dependent on the laws of the country
in which the target system is located would be to scan for open ports
and potential exploits, yet make no attempt to enter the system or
leverage those exploits to gain access.
Produce a report for the company explaining how you could take control
of or pull information from their systems using the results of your
legal scan.
Any IT manager/leader/security bod should take your report seriously if
he is worth his/her salt.
Regards
Dave
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