再保险:网络犯罪公约

> - - - - - - - - - - - >从原始信息:马特主教(mailto: bishop@nob.cs.ucdavis.edu)>,顺便说一下,如果你认为6 a1不好,看看6 a2。——吻>裂缝、johntheripper等再见。和仅仅拥有这些>似乎是非法的,在6 b(他们标签;>第二)。这是荒谬的——他们显然不明白这些东西有合法用途。这是我的工作写工具,这样做在过去4年以上。Ack -我的源代码树将是非法的…> PS:一件事,大卫,如果我记得我政治学类> umptiddy-ump年前,条约在美国宪法>一样的水平,所以我不确定>美国联邦法院将接受一个参数,限制这种>技术(磨合程序)是unconsititutional——法院案件期间出现的问题>关于伊朗扣押>资产在1980年代,和美国政府的努力回报>(一些)的资产。的leinholders hollared血腥谋杀,但>——如果我没记错的话——美国最高法院说太糟糕了。>任何律师(或者计算机科学家们发挥律师在网上:-))>知道我大错特错?这听起来不正确——首先,国会不能通过任何未经批准取代宪法的州。 What I think might be muddying the waters here is that we're dealing with an interaction between governments here. Also, as soon as you're dealing with even non-US citizens all bets are off - for example, if a foreign national commits a crime in the US, many of the rights we take for granted do not apply. Now, back to where we started - Howard Schmidt is sending a rep to a computer crime summit where this is going to be discussed. IF we can craft a reasoned response to why we think this article is a Bad Thing, then I will push that and see if it helps. Who would like to take a swipe at editing the initial response? Steve? I'll take an initial swipe at this thing - >Article 6 - Illegal Devices >Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal >offences under its domestic law when committed intentionally and without right: >the production, sale, procurement for use, import, distribution or otherwise making available of: >a device, including a computer program, designed or adapted [specifically] [primarily] [particularly] for the purpose of committing any of the offences established in accordance with Article 2 - 5; This section is vague. Numerous examples exist of programs which are primarily designed to intercept data, and these programs are considered part of a normal system administrator's trouble-shooting toolkit. Illegal access can be obtained to many systems merely by attempting to log on using normal system tools (e.g., telnet, net use, etc.). These tools are also normally present on most operating systems. There is also the issue that a part of normal security administration involves using tools which are designed to obtain unauthorized access to determine which portions of your own network may be vulnerable. Making these programs illegal would severely hinder our ability to test our defenses against the activities defined in articles 2-5. This clause, unlike the following two clauses, does not require that the use or possession of these devices be with criminal intent. >a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing the offences established in Articles 2 - 5; >the possession of an item referred to in paragraphs (a)(1) and (2) above, with intent that it be used for the purpose of committing the offenses established in Articles 2 - 5. A party may require by law that a number of such items be possessed before criminal liability attaches.