How about this; I change the SMTP HELO banner to say something like "I do not give authorisation to send unsolicited email through this system". This would then mean that this text is sent to the SPAMers server before they sent a SPAM. Should they proceed a warning was clearly given saying that authorisation was not given. I hope this stands up in court. I really look forward to laying a criminal charge against SPAMers operatig from NZ. -----Original Message----- From: Stephen Andrew [mailto:Andrew.Stephen(a)nzpost.co.nz] Sent: 8 July 2003 2:56 p.m. To: 'Tony McGregor' Cc: 'nznog(a)list.waikato.ac.nz' Subject: RE: [nznog] Crimes Amendment Bill No 6 Now Law ----Original Message---- From: Tony McGregor [mailto:tonym(a)cs.waikato.ac.nz] Sent: Tuesday, 8 July 2003 2:46 PM To: Stephen Andrew Subject: RE: [nznog] Crimes Amendment Bill No 6 Now Law
Since access means "make use of any of the resources of the computer system" and "access without authorisation" includes "directly or indirectly" didn't the internet just become illegal?
I have no authorisation to access most of the routers and SNMP gateways my packets went through to get to you.
You can probably get around it using the argument that subsection (2) makes any access at all legal as long as you were given permission to do something first; "(1) Every one is liable to imprisonment for a term not exceeding 2 years who intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system. "(2) To avoid doubt, subsection (1) does not apply if a person who is authorised to access a computer system accesses that computer system for a purpose other than the one for which that person was given access. Presumably this means privelege escalation is legal. By putting up a public web/mail/router service you are implying authorised access for some purpose (viewing a web page, sending an email, making packets go from A to B) thus /any/ use is now legal (as long as it it not dishonest by the terms of the act). -- Andrew This email with any attachments is confidential and may be subject to legal privilege. If it is not intended for you please reply immediately, destroy it and do not copy, disclose or use it in any way. _______________________________________________ Nznog mailing list Nznog(a)list.waikato.ac.nz http://list.waikato.ac.nz/mailman/listinfo/nznog