> 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 [Repealed.]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
