> On Apr 11, 2016, at 2:18 PM, Owen DeLong <o...@delong.com> wrote:
> 
> I could be wrong, IANAL, but I’d be surprised if a mere portscan would 
> actually be treated as a violation for the reasons cited above.
> 
>> Not that I've ever heard of someone being fined but you're definitely
>> in to "something wrong" territory.
> 
> I don’t think you’ve made your case for “definite” so far. I agree you might 
> be at risk from an overzealous prosecutor and an activist judge that hates 
> hackers for some reason, but short of that, I think you’re unlikely to run 
> afoul of this statute just on a port scan.
> 

my experience in talking to the DoJ in the US is this is not going to illicit 
any sort of a response.

I will say that the number of people who “set up a tool” to watch for activity 
then claim things like a DNS packet or backscatter from DDoS represent a log-on 
attempt generates the most amusing email to read.

- Jared

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