[62912] in North American Network Operators' Group
Re: monkeys.dom UPL being DDOSed to death
daemon@ATHENA.MIT.EDU (Dr. Jeffrey Race)
Wed Sep 24 05:25:02 2003
From: "Dr. Jeffrey Race" <jrace@attglobal.net>
To: "Jack Bates" <jbates@brightok.net>,
"Joe St Sauver" <JOE@OREGON.UOREGON.EDU>
Cc: "nanog@merit.edu" <nanog@merit.edu>
Date: Wed, 24 Sep 2003 16:22:26 +0700
Reply-To: "Dr. Jeffrey Race" <jrace@attglobal.net>
Errors-To: owner-nanog-outgoing@merit.edu
On Tue, 23 Sep 2003 16:32:55 -0500, Jack Bates wrote:
>Question: Why is it not illegal for an ISP to allow a known vulnerable
>host to stay connected and not even bother contacting the owner? There
>are civil remedies that can be sought but no criminal.
Various theories of criminal liability could certainly be applied
e.g. attractive nuisance (like leaving an unfenced swimming pool for
children to drown in). However this kind of very plausible action
would take an aggressive public prosecutor with a good computer
forensic staff and a seriously injured victim. Since the public
prosecutors can hardly handle the criminals at MCI, Enron, the leading
finance firms, we may have to wait a while.
Jeffrey Race
