[Fwd: Re: Pentester convicted..]

From: Stuart Thomas (stuartpaulthomas@gmail.com)
Date: Thu May 11 2006 - 16:50:39 EDT


There are some interesting debates developing here! :-)

I would argue the main point in this case is - unauthorised access -

No matter how much good will is arguably present (think about the Daniel
Cuthbert
<http://www.theregister.co.uk/2005/10/06/tsunami_hacker_convicted/> case
in terms of the same defense) you have gained unauthorised access. As
ethical IT security experts, with all our knowledge, skill and esoteric
talent, we do not have a right to gain unauthorised access. I hate to
agree with Craig Wright (as I believe his comments on this list to be
too acidic and un-supportive to the novice - although his frustration is
completely understandable) however computer misuse legislation across
the world carries a golden thread, you must have permission to access a
computer system.

It is frustrating to observe the naivety and yet arguably the good will
of these individuals who are sentenced to a jail terms (each case on
it's own merits/demerits of course). I think generally the professional
community is evolving through professionals bodies, and doing a good
job. However I believe it is important to maintain the distinction
between the professionals who follow a code of ethics and maintain good
morals and practices, with those that are not and do not.

As ever the balance between liberty, freedom of speech, and suppression
by the state/corporate entities is ever present as we walk through life.

Interesting times.

Stu

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