Xref: utzoo alt.security:1439 alt.folklore.computers:4896 comp.society.futures:2051 Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!swrinde!mips!pacbell.com!tandem!zorch!phil From: phil@zorch.SF-Bay.ORG (Phil Gustafson) Newsgroups: alt.security,alt.folklore.computers,comp.society.futures Subject: Re: Re: Feedback on Computer Crime - Apology Message-ID: <1990Aug27.015301.7729@zorch.SF-Bay.ORG> Date: 27 Aug 90 01:53:01 GMT References: <1990Aug25.095033.29589@funet.fi> Organization: Famed Parquet Floor Lines: 56 In article jon@vector0 (A Product of Society) writes: >eal@kaarne.tut.fi (Lehtim{ki Erkki) writes: >> >> One day, when I was going to connect to node xxx.yyy.a.b, I >> mistakenly connected to yyy.xxx.a.b >> [disconnected at first opportunity] >> Now, have I committed a crime or not? > > Yes, if in California and the connection was not interstate. >:California Penal Code S [Section] 502: >:::Computer data access fraud; legislative findings; definitions... > >(3) Knowingly and without permission uses or causes to be used > computer services. > [ You did this one: You used computer services without permission. > But as per a court ruling somewhere, a "Welcome to.." message was > judged to be adiquate permission. ] Wrong. Dialing a wrong number is not "knowingly" doing anything. If he knew he had dialed the wrong number, he would have redialed even sooner. Note that the resemblance of the correct and wrong numbers is evidence to support honest error rather than intent to misuse services. >(7) Knowingly and without permission accesses or causes to be accessed > any computer....or computer network. > > [ This one too. Note that this, #7, is almost the same as #3. > These laws repeat themselves a lot. But now we're up to THREE > felony counts! Still wrong, same argument. There's also a basic notion in law about the law "not bothering with trifles." It's illegal to harass someone on voice phone -- it's not illegal to bother someone accidentally when your dial finger slips. >I'll stop here. See ya in jail, guy. Sorry... (Maybe someone >should post this to TELECOM Digest and/or Computer Underground Digest >too. Remember, I'm the guy who *was busted*, so I think I know >what I'm talking about here...) You're the guy who was busted, and you're the guy least likely to have an objective opinion of what happened. You're not doing anything but blowing hot air unless you describe what really happened, what you were charged with, and what you were convicted of. A case number might help others look up the event and keep you honest. Look, I'm usually one of the _last_ people to defend the legal system, and I'm sure people are railroaded into jail every day. But based on what you've said, I simply don't believe you. >Jon ..??$!...ames!pacbell!sactoh0!vector0!jon -- | phil@zorch.SF-Bay.ORG | Phil Gustafson | (ames|pyramid|vsi1)!zorch!phil | UNIX/Graphics Consultant | | 1550 Martin Ave., San Jose CA 95126 | | 408/286-1749