Re: Interesting conviction

From: Stu Thomas (stuart.thomas@mac.com)
Date: Sun Oct 09 2005 - 14:40:16 EDT


A little more detail here:

http://www.samizdata.net/blog/archives/008118.html

and some intelligent debate.

On 9 Oct 2005, at 16:40, Rogan Dawes wrote:

> 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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--
Stu Thomas
Web:  http://www.stuartspictures.com
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