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Upside: DoS a Crime of the Information Age

Feb 23, 2000, 03:20 (5 Talkback[s])
(Other stories by Barak D. Jolish, Jeffrey W. Reyna)

"DoS is truly a crime of the information age. While we can equate more traditional hacking to the ancient doctrines of trespass, theft or vandalism, the real-world parallels of DoS are simply not illegal."

"According to the Justice Department, however, the 1996 Computer Fraud and Abuse Act (Title 18 US Code Section 1030(a)(5)) was forward-looking enough to cover even denial-of-service. Specifically, the act covers anyone who 'knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer.' "

"The term 'information' is probably broad enough to cover the packets which DoS attackers use to bombard their victim computers. The term 'damage' means 'any impairment to the integrity or availability of data, a program, a system, or information, that... causes loss aggregating at least $5,000 in value during any 1 year period to one or more individuals.' "

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