From: Rogan Dawes (discard@dawes.za.net)
Date: Sun Oct 09 2005 - 11:40:14 EDT
Mike Messick wrote:
> You're quite right! ;-)
>
> Here's mine:
>
> I think the article's editorial comments about causing problems for
> security professional and penetration testing are pure crap.
>
[snip]
>
> Most laws are written with intent in mind. That Mr. Cutbert didn't intend
> to do anything bad once he got in is really immaterial - that he *intended
> to gain entry in an unauthorized fashion* is what constituted the
> violation and his subsequent conviction.
[snip]
>
> Just because you don't steal the TV after you crowbar the front door open
> doesn't mean you won't go to prison for unlawful entry. Or not get shot
> by the owner (in some states). The fact that you don't have permission to
> be there in the first place is what matters (at least under current law).
>
Mr Cuthbert was simply attempting to verify the security of an
institution that he had decided to entrust his credit card details to.
Granted, one should not try to break into the vault of a bank to check
their security, but I think that his intent was somewhat closer to
rattling the lock on the safety deposit box after dropping your money
in, to make sure that someone else can't just come along and help themself.
Rogan
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