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From: spl@cs.nps.navy.mil (Steve Lamont)
Newsgroups: alt.security,alt.folklore.computers,comp.society.futures
Subject: Re: Re: Feedback on Computer Crime - Apology
Message-ID: <1314@cs.nps.navy.mil>
Date: 27 Aug 90 14:29:51 GMT
References: <1990Aug25.095033.29589@funet.fi> <XT5io1w162w@vector0>
Reply-To: spl@cs.nps.navy.mil (Steve Lamont)
Followup-To: misc.legal
Organization: Foo Bar Brewers Cooperative
Lines: 63

In article <XT5io1w162w@vector0> 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
#> 
#> Well, I get message Sun-Os ....... and the login-prompt, which I was expectin
#> But before I typed my user name, I noticed that the organization was wrong,
#> so I typed ^D instead.
#> 
#> Now, have I committed a crime or not?
#
#    Yes, if in California and the connection was not interstate.

No.  Read on, please.  I'll try to trim but the posting was fairly long...

#:California Penal Code S [Section] 502:
#
#:::Computer data access fraud; legislative findings; definitions...
#
# ...any person who commits any of the following acts is guilty of a
#public offense:
  [... acts deleted ...]
#(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. ]
  [...]
#(5) Knowingly and without permission disrupts or causes the disruption
#    of computer services or denies or causes the denial of computer
#    services to an authorized user of a computer, computer system, or
#    computer network.
#
#    [ You did this one too.  Technically, there's more than one node
#    per system; but a legitimate user might have gotten a busy code
#    while you were connected.  --Two felonies, not bad for a wrong
#    number, eh? ]
  [...]
#(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!

Nonsense.  The key is the word *knowingly*.  A mistyped IP address is a
typographical error, not a willful act.  Terminating the connection and taking
steps to avoid the error in the future (watching your typing, for instance)
should be _prima facie_ evidence of innocence.

Followups, if any, are directed to misc.legal, since there is little to do
with folklore or any other of the groups this is crossposted to.

							spl (the p stands for
							_prima facie_
							evidence.)
-- 
Steve Lamont, SciViGuy -- (408) 646-2752 (subject to change at random)
NPS Confuser Center / Code 51 / Naval Postgraduate School / Monterey, CA 93940
"You're okay," said Honeysuckle.  "The dogs like you."
			- Charles Bukowski, "How to Get Published"