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Re:Yahoo Hacked by tantalor on Monday October 06, 2014 @01:21PM (#8417020)
Contrary to his claim, OP is clearly not a white hat "ethical hacker", since he does not have consent from the owners of any of these systems.

> they will not differentiate between this and black hat intrusion

Should they? This reads like textbook unauthorized access to a computer system,

> A quick `ps aux` on the box yielded...

This isn't just poking at web servers to see what secrets they freely reveal, this is trespass.

Re:Yahoo Hacked by chavesn on Monday October 06, 2014 @04:02PM (#8417917)
Trespassing is a good analogy. Neither all laws or violations of laws are equal.

On one hand, there are the vandals, or outright criminals, who are using and abusing my property for their gain to my detriment.

On the other hand, there's a passerby who knows about the criminals in the area, knows no one else is looking for them, and trespasses my property because the trail led him onto it.

Now that guy willingly alerts me to the criminals, offers an explanation of what he did on my property and how he found the criminals -- what should my response be?

I know that technically he broke the law, and there are those who want to see anyone and everyone pay for their deeds, but in this situation, wouldn't a reasonable person possibly consider tracking down the criminals first before crying "trespassing!"

Re:Yahoo Hacked by jMyles on Monday October 06, 2014 @04:12PM (#8417980)
It doesn't sound like this person trespassed at all, but merely traversed your land during his investigation. He didn't do any damage or remove anything, so what was the trespass?
Re:Yahoo Hacked by bradleyjg on Monday October 06, 2014 @04:47PM (#8418199)
Trespass to land doesn't require damage, all it requires is the willful, unauthorized, entry onto land in another's exclusive possession. Vandalism requires that there by some property damage.
Re:Yahoo Hacked by barrkel on Monday October 06, 2014 @06:33PM (#8418724)
This isn't true. You're overestimating the strength of property rights to land. You should follow the link provided elsewhere in this branch of the discussion - http://www.shouselaw.com/trespass.html
Re:Yahoo Hacked by jMyles on Monday October 06, 2014 @11:10PM (#8419509)
It's amazing how many people think that traversing and trespassing are the same thing. Sadly, in many states, they are the same under the law.

I wish there were stronger free-to-roam laws. I don't think anybody has the right to tell another person they can't traverse land so long as they don't enter any structures, do any damage, take anything, disturb any wildlife, etc.

Re:Yahoo Hacked by AnkhMorporkian on Monday October 06, 2014 @04:18PM (#8418015)
I wouldn't be happy at all if someone went into my cellar without my permission and told me that my gas line was weakening. Despite good intentions, trespass is trespass.
Re:Yahoo Hacked by atmosx on Monday October 06, 2014 @05:26PM (#8418397)
What if his house was next to yours and he smelled a gas leak but wasn't sure, so his investigation led him to your cellar?
Re:Yahoo Hacked by mpyne on Monday October 06, 2014 @06:54PM (#8418814)
If he can smell it from outside my cellar, then why isn't he able to knock on my door? Or call the cops if I'm not home. Even for actual extremis (such as a fire) I'd generally expect people to call the fire department instead of breaking into my house to put a blanket over a kitchen fire.

With that said I'm sympathetic to this guy's intent. If I were Yahoo or the FBI and he can prove that innocuous access is all he was doing, let's just say I wouldn't go out of my way to throw the book at him.

Because (going back to IRL analogies again), the authorities writ large have the authority to do an exigent search of my home if there's probable cause of a disaster of some sort going on, but local and Federal LE don't exactly have the same right to go around pwning the entire Internet to look for sites that have already been rooted, so in a sense leaving this issue to the authorities is simply leaving it to no one except the criminals, which is also unsatisfactory.

If the right answer to widespread problems like these is supposed to be law enforcement "patrolling the Internet" in some fashion, then we'd need to have way different legal authorities to allow for that. Until then I'm not sure that "only the criminals can search for burning buildings on the Internet" is really the most pragmatic answer.

In any event we obviously can't rely on each and every single important web site's system administration teams. If even Yahoo can be caught, who can you trust?

Re:Yahoo Hacked by cruisername on Tuesday October 07, 2014 @04:27PM (#8423808)
call the cops if I'm not home

yeah right, they'll fix your KDE 2 install on freebsd in a jiffy as well

Until then I'm not sure that "only the criminals can search for burning buildings on the Internet" is really the most pragmatic answer.

It's not a pragmatic answer, it's a matter of fact. NSCIA are busy collecting phone calls and developing backdoors. I'd be careful calling anyone criminal.

Re:Yahoo Hacked by tantalor on Monday October 06, 2014 @04:44PM (#8418182)
Would you allow a police officer to do the same?
Re:Yahoo Hacked by cmdrfred on Monday October 06, 2014 @04:13PM (#8417985)
Exactly, intent is very important in these types of things.
Re:Yahoo Hacked by kens on Monday October 06, 2014 @05:31PM (#8418422)
This thread has a lot of shaky analogies with physical trespassing. Here's an article on trespass laws (in California) - the article is more interesting than you would expect and the trespass laws are more complicated than you'd expect. http://www.shouselaw.com/trespass.html
Re:Yahoo Hacked by bradleyjg on Monday October 06, 2014 @07:23PM (#8418915)
California law is not typical is this regard (or in very many others).
Re:Yahoo Hacked by nknighthb on Tuesday October 07, 2014 @12:06PM (#8421968)
It looks quite similar to Washington State trespass law in practice. If anything it might actually be broader, our criminal trespass statute up here tends to be interpreted rather narrowly because it's somewhat lacking in detail.
Re:Yahoo Hacked by jessaustin on Monday October 06, 2014 @10:11PM (#8419396)
...this is trespass.

If you're not intending this metaphorically, I must disagree. Trespass is a fairly limited act involving a physical presence. Sending and receiving packets with another host that is configured to do that is really not anything like physically inhabiting a place.

Re:Yahoo Hacked by SixSigma on Monday October 06, 2014 @05:46PM (#8418500)
trespassing is not illegal
Re:Yahoo Hacked by dsrguru on Monday October 06, 2014 @05:06PM (#8418307)
If person A walked up to your window and fired shots through it, killing a family member of yours, and then person B walked up to your window out of curiosity (trespassing), saw a dead person, and called 911 (or whatever your country's emergency number is), should person B be prosecuted for murder?

Edit: I thought this was an accurate analogy, but I'm assuming the downvoter either disagreed or felt I phrased this as a sarcastic attack rather than an analogy. If it incorrectly came across as the former, that would be my fault, but I don't know if that's what caused the downvote, so an explanatory comment would be appreciated.

Re:Yahoo Hacked by kens on Monday October 06, 2014 @05:46PM (#8418492)
Since you asked for a downvote explanation: I couldn't make any sense of the comment, even after thinking about it. It's not that I disagree, I can't even figure out the analogy. Are you saying B shouldn't be charged with anything because they didn't murder, or B should be charged with trespassing but not murder, or B should be charged with felony murder because of the trespass, or something else?
Re:Yahoo Hacked by dsrguru on Monday October 06, 2014 @06:05PM (#8418598)
The parent asked whether the OP should be treated differently from people actually doing the malicious act. My analogy was meant to illustrate that we should.

I didn't express a stance either way on whether he should be prosecuted for a more minor offense or not, in the analogy's case trespassing. (There are obviously both pros and cons in the precedent set by prosecuting people for revealing their own minor crime on account of reporting a terrible one.)

Re:Yahoo Hacked by govindkabra31 on Monday October 06, 2014 @09:08PM (#8419255)
That is NOT an accurate analogy.. to make it analogous, you need at least two fixes: a) the person needs not simply see from window, but to get into your basement from breaking a double-panned window, and go up into your bedroom. b) Also the charge needs to be for 'intrusion'

Plus, using 'murder' and 'family' and 'dead' etc. are too dramatic and personal and unnecessary to convey your point about internet security.