From: Mark Teicher (mht3@earthlink.net)
Date: Mon Mar 20 2006 - 06:00:24 EST
OOPS:
"Any act that which information is obtained
withOUT the owner's consent is breaking the law
or violating the terms of employment.
At 07:51 PM 3/19/2006, Mark Teicher wrote:
>That is correct and how the incident occurred..
>The question originally posted and asked, is
>what is the legality of this particular
>situation. IMHO, it was an illegal act and in
>doing so, the security practice director should
>be removed from his position and summarily
>terminated, but since I guess the company he
>works for condoned his behavior, they stated "he
>is so smart" and allowed him to continue his
>presentation. Any act that which information is
>obtained with the owner's consent is breaking
>the law or violating the terms of employment.
>
>At 05:02 AM 3/17/2006, Cedric Blancher wrote:
>>Le vendredi 17 mars 2006 à 10:28 +0100, tomaz Bratusa a écrit :
>> > In my opinion there's no problem because the guy who tested bluetooth
>> > security didn't have evil intent. He was just checking devices and
>> > informing people about security holes in their devices.
>>
>>As far as I understand the story, he wasn't just testing their security,
>>he was actually breaking into their phones to download their personal
>>data and then show them they were vulnerable, without their prior
>>consent. In that case, he can fully argue good faith, but what he does
>>is illegal. It's the main difference between doing things you belive
>>legitimate (I'm trying to help) and legal stuff (I'm not breaking the
>>law). You can help people, but actually breaking the law, and thus doing
>>illegal things.
>>
>>The thing is law (at least in France) on computer crime does not take
>>intent in account. It defines what's an intrusion as using the system
>>without owner consent. There's no "legitimate purpose" for breaking into
>>IT systems (without owner consent). So you may have the best intentions
>>in the world, if you're breaking into a system without prior consent,
>>you break the law, period.
>>
>>Futhermore, the OP question was on bluetooth hacking as a more general
>>matter:
>>
>> "He got up and presented the information saying there was no law
>> preventing him from snarfing information."
>>
>>I understand this as "if I was a malicious user, you couldn't sue me
>>because there is no law that actually prevents me to download your
>>personal data from your phone". And that is just plainly untrue. Now
>>maybe my english not being good prevent me from understanding some
>>subtility in this.
>>
>>And as WiFi and wireless protocols in general privacy over the air was
>>mentioned before, downloading stuff from a phone using a wireless link
>>is truely different from just listening or probing around. Thus, I don't
>>think you can compare it to wardriving for instance.
>>
>> > Are you a burglar if you go past your fiends house and see that the
>> > front door is open na take o look?
>>
>>To me, analogies with real world mostly suck...
>>
>>
>>--
>>http://sid.rstack.org/
>>PGP KeyID: 157E98EE FingerPrint: FA62226DA9E72FA8AECAA240008B480E157E98EE
>> >> Hi! I'm your friendly neighbourhood signature virus.
>> >> Copy me to your signature file and help me spread!
>>
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