[190815] in North American Network Operators' Group

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Re: EVERYTHING about Booters (and CloudFlare)

daemon@ATHENA.MIT.EDU (Mark Andrews)
Wed Jul 27 20:50:48 2016

X-Original-To: nanog@nanog.org
To: Valdis.Kletnieks@vt.edu
From: Mark Andrews <marka@isc.org>
In-reply-to: Your message of "Wed, 27 Jul 2016 20:33:51 -0400."
 <23235.1469666031@turing-police.cc.vt.edu>
Date: Thu, 28 Jul 2016 10:48:47 +1000
Cc: NANOG list <nanog@nanog.org>, bzs@theworld.com
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org


In message <23235.1469666031@turing-police.cc.vt.edu>, Valdis.Kletnieks@vt.edu 
writes:
> On Wed, 27 Jul 2016 11:21:02 -0700, Dan Hollis said:
> > On Wed, 27 Jul 2016, bzs@theworld.com wrote:
> > > There isn't even general agreement on whether (or what!) Cloudfare is
> > > doing is a problem.
> >
> > aiding and abetting. at the very least willful negligence.
> 
> aiding and abetting of what, *exactly*?  You can't accuse somebody of
> it until (as Barry Shein pointed out) you have a workable definition of
> what exactly you're talking about.  Similarly, "willful negligence" in most
> places requires you to draw a dotted line between the alleged negligent
> action, and some claimed damage or loss on your part - of a form that
> a court can provide a remedy for.

As soon as a transaction takes place, conspiricy to harm <X> by
<Y>.  If the DoS actually occurs you can add additional charges for
the actual actions.

This is no different conceptually to hiring a thug to take a baseball
bat to a place.  You can be charged for consipiricy to commit a
crime even if the crime does not occur.

Mark
-- 
Mark Andrews, ISC
1 Seymour St., Dundas Valley, NSW 2117, Australia
PHONE: +61 2 9871 4742                 INTERNET: marka@isc.org

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