From: mis@seiden.com
Date: Fri Jun 02 2006 - 18:55:11 EDT
is there a lawyer in the house? (not me).
the US law requires reporting from providers of "electronic
communications service" or "remote computing service". i don't believe
that pen testers fall under those definitions.
the provider's requirement to report comes with a good-faith safe harbor.
i see nothing that requires the absence of notification or action to some third
party, such as your client for a pen-test. what is this, a confusion with
National Security Letters?
see:
http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00013032----000-.html
(see the page just prior if you're interested in child abuse, which
must be reported by a wide variety of people likely to have
professional contact with children, and therefore to detect it.)
there is a general civic duty to report violations of law. but i'm
not sure it's a crime to *fail* to report such.
a relevant and amusing web site:
http://www.ou.edu/oupd/selfarr2.htm
"If you witness a crime, it is your civic duty to report the crime to the police.
When a crime is committed, you have the right and responsibility to make a "Citizen's Arrest".
Thus, if YOU commit a crime, it would be extremely helpful (and
provide a savings of tax dollars) for you to perform a Citizen's
Self-Arrest."
etc.
On Fri, Jun 02, 2006 at 05:30:26PM -0400, Michael Scheidell wrote:
>
>
> > -----Original Message-----
> > From: Robin Wood [mailto:dninja@gmail.com]
> > Sent: Friday, June 02, 2006 4:51 AM
> > To: pen-test@securityfocus.com
> > Subject: what to do it illegal activity found during pen-test
> >
> >
> > Hi
> > I was wondering the other day, what should I do if during a
> > pen test I found some illegal activity (internal, not from
> > hackers) on the network being tested. My initial thought was
> > report it to the police and let them sort it out but then
> > thought I suppose that depends on the activity taking place.
> > One one hand you could find a ftp site with a couple of
> > movies on, the other you could find a website full of child
> > porn. The first may just need a mention to the company IT
> > staff, the second would definitely warrant police attention.
>
> Depends on jurisdiction.
> In US:
> Only one thing you have to report to police AND CANNOT TELL THE CLIENT:
> You find child porn (don't be dumb and copy it for proof!)
>
>
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This List Sponsored by: Cenzic
Concerned about Web Application Security?
Why not go with the #1 solution - Cenzic, the only one to win the Analyst's
Choice Award from eWeek. As attacks through web applications continue to rise,
you need to proactively protect your applications from hackers. Cenzic has the
most comprehensive solutions to meet your application security penetration
testing and vulnerability management needs. You have an option to go with a
managed service (Cenzic ClickToSecure) or an enterprise software
(Cenzic Hailstorm). Download FREE whitepaper on how a managed service can
help you: http://www.cenzic.com/news_events/wpappsec.php
And, now for a limited time we can do a FREE audit for you to confirm your
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