From: Kevin Wetzel - ISP Toolz (kevinisptoolz.com)
Date: Wed Nov 16 2005 - 11:24:37 CST

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I seriously doubt that somebody could get arrested simply for portscanning.
Especially with the fact that some security devices and products can and do
scan attackers. This person would have had to attempt to break in to cause
any real issue. A portscan in and of itself is not unlawful. The intent
however is the key. If you are portscanning with the "intent" of breaking
into or bypassing security authentication methods then it can be considered
malicious in some locations if they have some strange laws on the books.

If we prosecuted every person that portscanned us daily we would tie up the
court system so bad that they would not be able to get any real "work" done.

Kevin Wetzel
ISP Toolz
http://www.isptoolz.com/

----- Original Message -----
From: "Manuel Lanctot" <mlanctotforcom.ca>
To: <incidentssecurityfocus.com>
Sent: Wednesday, November 16, 2005 10:31 AM
Subject: Re: Odd identd behavior

> Ansgar -59cobalt- Wiechers wrote:
>
>> Very doubtful. I'm not aware of any law that forbids even portscans,
>>
>>much less network troubleshooting or the use of tools like nmap in
>>general.
>>
>>Regards
>>Ansgar Wiechers
>>
>
> I can't find the related articles but I remember reading something about a
> man who was arrested after portscanning a website because he donated for a
> relief fund (after Katrina) and suspected it was a scam. I don't remember
> if he was indeed charged but he was at least arrested, which is pretty
> scary.
>
> --
> Manuel Lanctôt
> Linux/IT manager
> FORCOM Plus
>

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