[133505] in North American Network Operators' Group
Re: [Operational] Internet Police
daemon@ATHENA.MIT.EDU (Jack Bates)
Fri Dec 10 12:37:21 2010
Date: Fri, 10 Dec 2010 11:37:15 -0600
From: Jack Bates <jbates@brightok.net>
To: Valdis.Kletnieks@vt.edu
In-Reply-To: <12764.1292000819@localhost>
Cc: nanog@nanog.org
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org
On 12/10/2010 11:06 AM, Valdis.Kletnieks@vt.edu wrote:
> The USA Patriot act says: "activities that (A) involve acts dangerous to human
> life that are a violation of the criminal laws of the U.S. or of any state,
> that (B) appear to be intended (i) to intimidate or coerce a civilian
> population, (ii) to influence the policy of a government by intimidation or
> coercion, or (iii) to affect the conduct of a government by mass destruction,
> assassination, or kidnapping, and (C) occur primarily within the territorial
> jurisdiction of the U.S."
At most, B ii applies, but if I'm not mistaken, A, B, and C must all
occur by that statute (the giveaway is C, as it doesn't make sense as a
single condition).
The Patriot act seems to discount foreign terrorism (unsurprising), but
even going by A and B, the DDOS would have to be dangerous to human life
and be illegal by US/state law, in addition to intimidating (which
purposefully being dangerous to human life definitely falls under
intimidation).
So attacking infrastructure (effecting traffic lights, power, air
traffic control systems, etc) would fall under terrorism (regardless of
attack mechanism). I don't think one could constitute the inability to
sell a product or process a payment as life threatening. Those acts fall
under other legal definitions.
Jack
