[190828] in North American Network Operators' Group

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RE: EVERYTHING about Booters (and CloudFlare)

daemon@ATHENA.MIT.EDU (Naslund, Steve)
Thu Jul 28 09:45:22 2016

X-Original-To: nanog@nanog.org
From: "Naslund, Steve" <SNaslund@medline.com>
To: "nanog@nanog.org" <nanog@nanog.org>
Date: Thu, 28 Jul 2016 13:45:17 +0000
In-Reply-To: <17158.1469698213@turing-police.cc.vt.edu>
Errors-To: nanog-bounces@nanog.org

A DDoS attack is illegal.  In the United States it is considered as theft o=
f service.  The legal construct used is that the DDoS attack is a theft of =
CPU cycles, compute resources, and power by other than the rightful owner f=
or its intended purposes.

Steven Naslund
Chicago IL

-----Original Message-----
From: NANOG [mailto:nanog-bounces@nanog.org] On Behalf Of Valdis.Kletnieks@=
vt.edu
Sent: Thursday, July 28, 2016 4:30 AM
To: Miles Fidelman
Cc: nanog@nanog.org
Subject: Re: EVERYTHING about Booters (and CloudFlare)

On Wed, 27 Jul 2016 22:55:54 -0400, Miles Fidelman said:
> On 7/27/16 10:48 PM, Randy Bush wrote:
> >> They just lost all respect from here. Would someone from USA please=20
> >> report these guys to the feds? What they are doing is outright=20
> >> criminal.
> > hyperbole.  it is not criminal.  you just don't happen to like it.
>
> Actually, as someone pointed out, it might well be conspiracy - which=20
> is criminal.

In general, the conspiracy isn't criminal if the conspired act isn't crimin=
al.
If you're trying to make a criminal conspiracy out of non-criminal acts, yo=
ur best bet is probably finding a new way to abuse the RICO statutes.

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