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Re: Microsoft Hotmail

daemon@ATHENA.MIT.EDU (Christopher Seawood)
Wed Jan 27 15:45:48 1999

Date: 	Tue, 26 Jan 1999 15:08:16 -0800
Reply-To: Christopher Seawood <cls@SEAWOOD.ORG>
From: Christopher Seawood <cls@SEAWOOD.ORG>
X-To:         "Daniel P. Stasinski" <dannys@KAREMOR.COM>
To: BUGTRAQ@NETSPACE.ORG
In-Reply-To:  <36ADFD04.1FD6375D@karemor.com>

On Tue, 26 Jan 1999, Daniel P. Stasinski wrote:

> I contacted Microsoft/Hotmail asking them to close the account
> of that was listed in the backdoored tcp wrapper source code.
> I also forwarded the offending code.
>
> The word back from them is that they will not close it.  Theft
> of passwords and hacking does not violate thier terms of
> service.

It doesn't? I don't have a hotmail account but I ran across the following:

http://www.hotmail.com/cgi-bin/dasp/fm_shell.asp?head=Policy+and+Member+Conduct&content=nospam&back=svcs&from=svcs

"The following is extracted from the Hotmail Terms of Service Agreement to
which each Hotmail member must adhere. "

"Member agrees: ... (2) not to use the Service for illegal purposes"

"Attempts to gain unauthorized access to other computer systems are
prohibited."

It sounds like cracking (not hacking) is definitely a violation of their
service agreement.  The real question is whether the receipt of the
passwords is the same as the (illegal) use of the passwords.  A lot of
admins will want to say yes (because of the security compromise) but I
doubt the law sees it the same way.  (Wasn't there a case recently in
Norway that covered this?)

- cls

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