> On Apr 11, 2016, at 12:12 , William Herrin <b...@herrin.us> wrote:
> 
> On Mon, Apr 11, 2016 at 2:18 PM, Owen DeLong <o...@delong.com> wrote:
>> On Apr 7, 2016, at 07:41 , William Herrin <b...@herrin.us> wrote:
>> On Thu, Mar 31, 2016 at 5:36 AM, Bacon Zombie <baconzom...@gmail.com> wrote:
>> 
>> I would ignore the portscans since there is nothing wrong with portscanning
>> the Internet.
>> 
>> You might want to check with your lawyer on that. If you
>> _intentionally_ port-scan a computer located in Virginia without the
>> owner's permission (and do nothing else, just port-scan it) it's a
>> class 3 misdemeanor under 18.2-152.1, et seq. That's up to a $500 fine
>> for each computer you scan. By comparison, shoplifting is a class 1
>> misdemeanor while possession of a schedule V narcotic is another class
>> 3.
>> 
>> I think you’re on shaky ground here.
>> 
>> 18.2-152.3 reads:
> 
> That's computer fraud. You want § 18.2-152.4, computer trespass.

I worked forward (et. seq.) from where you started… However…

18.2-152.4 
<http://law.justia.com/codes/virginia/2006/toc1802000/18.2-152.4.html>. 
Computer trespass; penalty.

A. It shall be unlawful for any person, with malicious intent, to:

1. Temporarily or permanently remove, halt, or otherwise disable any 
computerdata, computer programs or computer software from a computer or 
computernetwork;

2. Cause a computer to malfunction, regardless of how long the 
malfunctionpersists;

3. Alter, disable, or erase any computer data, computer programs or 
computersoftware;

4. Effect the creation or alteration of a financial instrument or of 
anelectronic transfer of funds;

5. Use a computer or computer network to cause physical injury to theproperty 
of another; or

6. Use a computer or computer network to make or cause to be made 
anunauthorized copy, in any form, including, but not limited to, any printed 
orelectronic form of computer data, computer programs or computer 
softwareresiding in, communicated by, or produced by a computer or computer 
network.

7. [Repealed.]

B. Any person who violates this section shall be guilty of computer 
trespass,which offense shall be punishable as a Class 1 misdemeanor. If there 
isdamage to the property of another valued at $1,000 or more caused by 
suchperson's act in violation of this section, the offense shall be punishable 
asa Class 6 felony.

C. Nothing in this section shall be construed to interfere with or 
prohibitterms or conditions in a contract or license related to computers, 
computerdata, computer networks, computer operations, computer programs, 
computerservices, or computer software or to create any liability by reason of 
termsor conditions adopted by, or technical measures implemented by, 
aVirginia-based electronic mail service provider to prevent the transmissionof 
unsolicited electronic mail in violation of this article. Nothing in 
thissection shall be construed to prohibit the monitoring of computer usage 
of,the otherwise lawful copying of data of, or the denial of computer 
orInternet access to a minor by a parent or legal guardian of the minor.

Doesn’t really seem to fit the bill, either.

First, I think you have a hard time proving “malicious intent” from just a port 
scan without other activity.

However, even if you do, it’s hard to imagine how a port scan would meet any of 
the 6 tests stated.

Care to try again?

Owen


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