再保险:网络犯罪公约

俄国人,请注意,这是条约语言,用来证明当地法律的创建。我想建议董事会至少应该做的是努力确保语言明确地支持您的解释,而不是更加悲观阅读我给该条约。会导致更少坏的法律。我个人认为,这种语言是适得其反无论其措辞,因为它往往会寒冷的演讲,和驱动通信地下。如果创建一个工具没有权利(la亚马逊攻击工具),我仍然希望能够看到它并讨论任何新技术或趋势显示。好人已经足够的劣势,我们不需要看到地下回沉默由恐惧。亚当在星期四,2000年5月报告,在-0400年01:45:00PM,拉斯写道:|问题条约;| |http://conventions.coe.int/treaty/en/projets/cybercrime.htm| |文章2 - 5所有州或暗示的意图。| |一个系统用来在地图上标出路由器,如wsp,将“设计或|改编(专门)[主要](特别是)为目的的“……”|访问计算机系统的全部或任何部分”。这文章| 2相冲突。| |系统旨在收集使用信息版权数据对象|将“设计或调整(具体)[主要](特别是)|”的目的收集“非公有制的计算机数据传输”。This | runs afoul of Article 3. | | A system designed to obscure a data object (in the interest of privacy) | would be "designed or adapted [specifically] [primarily] [particularly] for | the purpose of"..."alteration"..."of computer data." In a situation where a | browser's origin is being "altered" such that a web site cannot accurately | determine its true origin, this would run afoul of Article 4. | | A system designed to stress test a web server to determine the load it can | carry would be "designed or adapted [specifically] [primarily] | [particularly] for the purpose of" the "serious hindering"..."the | functioning of a computer system by inputting, [transmitting,] damaging, | deleting, deteriorating, altering or suppressing computer data." This runs | afoul of Article 5. | | Of course each of the articles use the term "without right" to qualify the | actions they describe. | | If, in Article 6, they hope to make it illegal to create programs which | might run afoul of Articles 2 - 5, then they must accept that determination | of a given programs status (aX1, aX2) is going to be on the basis of whether | or not said program can demonstrate any "rightful" purpose. If a program can | be demonstrated as having a rightful use, then it could not be considered | under (aX1, aX2). | | So, if I wrote a program and hard-coded it to attack Amazon.com, then | distributed it to any and all, it might be deemed as being in violation of | Article 6. If, however, I wrote the same program and forced the target | address to be entered by the person(s) running that program, it could be | argued it was designed to test your own systems (regardless of whether or | not I provided you with Amazon's IP address as an example address). | | cDc have long argued (correctly IMO) that BO/BO2K have a "rightful" purpose. | | Any demonstration code (binaries or source, snippet or fully implemented) | can easily be explained as having a "rightful" purpose if we accept the | notion that anyone may wish to test their own systems to determine whether | or not they're vulnerable or the severity of a given vulnerability within | their environment. | | Take the example of the EICAR test file for Anti-virus programs. While | harmless in and of itself, it can trigger an organization into motion. I had | someone use it once as a signature on a message I sent through to NTBugtraq. | The result, for me, was more than 1000 responses from subscribers claiming I | sent through a message with a virus in it. Such actions might, in some AV | products, cause NTBugtraq to be put onto a black list (temporarily or | permanently), or cause other undesired actions. | | Point is, the EICAR test file is an accepted "virus" used to test AV | programs. It has no point in life other than to trigger AV programs into | action. | | Microsoft Internet Explorer has a feature which permits you to schedule the | regular check for updates on a given Web Page/Site. Its able to check all | pages on a site if configured as such, and by using more than one of these | schedules you could effectively check the entire site every minute of every | day. The result of such a configuration could run afoul of Article 5, making | IE deemed illegal under Article 6. | | Since its highly unlikely many programs will be found not to have "rightful" | purposes, it would make sense to redefine Article 6 to better articulate | "without right", or intent, in the interest of guiding signatory States to | form effective laws. | | Cheers, | Russ - NTBugtraq Editor and purveyor of Cyber-crime Treaty Article 6 | prohibited "data objects". -- "It is seldom that liberty of any kind is lost all at once." -Hume