Chrono

Law on Hacking

12 posts in this topic

I was under the impression that, according to current US law, people were able to enter machines, but can't alter or damage anything without it being illegal. Am I right?

0

Share this post


Link to post
Share on other sites
I was under the impression that, according to current US law, people were able to enter machines, but can't alter or damage anything without it being illegal. Am I right?

I'm not going to confirm this, but even if it is true, if you were to 'enter' a major company's machine, I think they would find some evidence so they could charge you. And there are probably other things they could get you on, like intent to do damage. But also think about it form a real world point of view, if I walk onto your property, isn't that trespassing?

0

Share this post


Link to post
Share on other sites
But also think about it form a real world point of view, if I walk onto your property, isn't that trespassing?

That kind of depends on the person who's property you're on, doesn't it?

0

Share this post


Link to post
Share on other sites

It is better to be safe than sorry so think of what your doing and who your doing it to . How will they react? So just becareful and don't be stupid.

0

Share this post


Link to post
Share on other sites

By the mear act of gaining access, the 'victom' can claim that you cost them time and money fixing the hole that you gained access through. If they want to prosecute you, you are sol.

0

Share this post


Link to post
Share on other sites
There are many federal statutes in the USA that can be used to prosecute computer criminals:

    * 15 USC § 1644, prohibiting fraudulent use of credit cards

    * 18 USC § 1029, prohibiting fraudulent acquisition of telecommunications services

    * 18 USC § 1030, prohibiting unauthorized access to any computer operated by the U.S. Government, financial institution insured by the U.S. Government, federally registered securities dealer, or foreign bank.

    * 18 USC § 1343, prohibiting wire fraud

    * 18 USC § 1361-2, prohibiting malicious mischief

    * 18 USC § 1831, prohibiting stealing of trade secrets

    * 18 USC § 2314, prohibiting interstate transport of stolen, converted, or fraudulently obtained material; does apply to computer data files U.S. v. Riggs, 739 F.Supp. 414 (N.D.Ill 1990).

    * 18 USC § 2319 and 17 USC § 506(a), criminal violations of copyright law

    * 18 USC § 2510-11, prohibiting interception of electronic communications

    * 18 USC § 2701, prohibiting access to communications stored on a computer (i.e., privacy of e-mail)

    * 47 USC § 223, prohibiting interstate harassing telephone calls

There's a bunch of things you could get charged with... But if nothing else they could charge you with "Malicous mischief." Bottom line, if your not supposed to be somewhere you shouldn't be there.

-Dr^ZigMan

0

Share this post


Link to post
Share on other sites
But also think about it form a real world point of view, if I walk onto your property, isn't that trespassing?

That kind of depends on the person who's property you're on, doesn't it?

No not really, because if you're not invited you're still trespassing, it just boils down to if you get caught or if the person decides to press charges.

0

Share this post


Link to post
Share on other sites

Your best bet is just not getting caught.

Just stick with networks that won't press charges. Half of the companies don't have the money to try to sack you, especially if it was just prodding around their files.

0

Share this post


Link to post
Share on other sites
Your best bet is just not getting caught.

Just stick with networks that won't press charges. Half of the companies don't have the money to try to sack you, especially if it was just prodding around their files.

You're right. Hacking your own machine or doing wargames is the safest thing.

0

Share this post


Link to post
Share on other sites

Also just a good rule of thumb, if it has a password, or the login and pass are not posted/given by an owner or representive of the owner, you are not invited.

[Addendum]

That is why if you run a system make sure to post warnings if possible at points of entry such as ftp, telnet/ssh, smtp, make it black and white. It won't stop a malicous person, but it keeps the honest, honest.

Edited by mrfishopolis
0

Share this post


Link to post
Share on other sites

If it has some sort of authentication method, as trivial and/or as "on default" as it is; if you're not supposed to be there and you go there, the possibility exists that you can be caught and charged.

Not worth it.

0

Share this post


Link to post
Share on other sites
I was under the impression that, according to current US law, people were able to enter machines, but can't alter or damage anything without it being illegal. Am I right?

So don't quote me on this but I am pretty sure that as long as you don't cause damage amounting to more than 5000$ they can only charge you for a misdemeaner.... now im not sure how that goes but charges quickly add up when companies come down too it.... they'll pay someone 5000$ to fix the problem of how you got into their networks and then your screw because you caused them monitary loss because of whatever you did..

NOW im not sure how that stands today but I know as of a couple years back that was the law. For instance... its not illegal to read someones email on a network if you gain access i believe as long as you don't tamper with anything...

I am going to take this under my wing and investigate it.. my law books are out of date right now we'll see what i can find... i dated a county attorneys daughter once and he would know whats up

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now