Re: [cobalt-users] OT Hosting company scanning my Cobalt

["Jonathan Michaelson" <michaelsonjd@xxxxxxxxxxx>]

> > That sounds likely. Of course if this were someone outside
> > the data center trying to do this, it would be illegal.
> > Sounds pretty shady to me.
>
> Actually, a recent Federal court decision says a scan is not illegal if
> the scan in itself causes no damage. Claiming that investigating the
> scan was the damage was thrown out.
> Some states have different laws regarding accessing a computer or
> network.

Though in the UK it probably is illegal, though I'm not aware that's been
tested in court. The relevant piece of legislation is most likely going to
be:
http://www.hmso.gov.uk/acts/acts1990/Ukpga_19900018_en_1.htm

And the relevant sections are:

"1.-(1) A person is guilty of an offence if-
 (a) he causes a computer to perform any function with intent to secure
access to any program or data held in any computer;
 (b) the access he intends to secure is unauthorised; and
 (c) he knows at the time when he causes the computer to perform the
function that that is the case."

Which if course would need to be tested in court, but it's certainly open to
the possibility that it is illegal since only intent has to be shown.

--
Regards,
Jonathan Michaelson
Commercial CGI Scripting, Web Hosting
Web-based Email, Homepage Creation and Live Help products
http://www.webumake.com