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Accessing Publicly Available Information on the Internet Is Not a Crime

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Re: Accessing Publicly Available Information on the Internet Is Not a Crime

#91
post #54

Earlier quoted context omitted.

No because that's not how computers work. Computers don't just emit radiation into the aether that anyone can capture. Accessing a website involves making a physical piece of property do something in response to your HTTP request.

It's a bit like shouting in through the doorway "Hey, how much is your coffee?"

If you're on public property and yelling, I would assume the coffee shop owner would need a PFA or some other court order to prevent you from access. I don't think they could have you arrested because they simply asked you to not talk to them and they aren't breaking any other laws. (Though asking you not to talk to shop employees would be necessary before the PFA could be granted as I understand it.)

Re: Accessing Publicly Available Information on the Internet Is Not a Crime

#92
post #58

Earlier quoted context omitted.

I don't believe there's a law requiring the honoring of the robots.txt file. People and services honor the file out of a sense of good manners, not a legal requirement.

It doesn't have to be a specific law. It is a rebuttal to a claim of "I had no idea I shouldn't have requested millions of pages from that site". If you scrape a site that prohibits it in robots.txt, that should be considered notice that they don't want that, for whatever relevant law. (I don't know if this argument would hold up in court, IANAL.)

I think I see what you're saying, but I disagree that the robots.txt file should have any legal ramifications. Web site operators have many tools that they can use to limit traffic or protect data and they should make good use of those tools.

LinkedIn wants to make their data available publicly, except under certain conditions. In my opinion, if they can't find a technical solution, they should stop making the data available publicly.

Re: Accessing Publicly Available Information on the Internet Is Not a Crime

#93
post #70
post #69

Earlier quoted context omitted.

If I leave my front door to my personal residence unlocked, and someone comes to the front door, opens it, and walks inside without permission --- is that illegal? I'm actually not sure.

It is legal until you inform them they are trespassing and ask them to leave.

Where I live it is 100% legal to shoot them with no questions asked.

100% legal (castle doctrine) to shoot them, think about that for a minute, not generally legal to shoot someone engaging in a legal activity.

--edit--

Also legal to shoot them through the door but probably not such a good plan...

Re: Accessing Publicly Available Information on the Internet Is Not a Crime

#94

Earlier quoted context omitted.

> How does a website put reasonable limits on access? 1) Blocking TCP connections 2) Returning a 4XX error, perhaps even "401 Authorization Required", "402 Payment Required", "403 Forbidden", or "429 Too Many Requests" > A regular B&M store can refuse service to disruptive people and trespass people who don't comply, why not servers? A Brick and Mortar store has to _tell_ you you're being banned. The mechanisms I lis…

> In this case, it's more like someone was looking in the store window from the public sidewalk and asked to stop. I think it's more like calling the store and asking them what their prices are 20 times a minute.

No, it's more like you holding the giraffe while I fill the bathtub with brightly painted power tools. Because reasoning by analogy sucks.

No one is accusing HiQ of performing a denial of service attack.

Re: Accessing Publicly Available Information on the Internet Is Not a Crime

#95
post #69

> LinkedIn argues that imposing criminal liability for automated access of publicly available LinkedIn data would protect the privacy interests of LinkedIn users who decide to publish their information publicly, but that’s just not true Protect them from what, your unlocked front door ? [0][1] [0] "Hackers selling 117 million LinkedIn passwords" http://money.cnn.com/2016/05/19/technology/linkedin-hack/ind... [1] http…

If I leave my front door to my personal residence unlocked, and someone comes to the front door, opens it, and walks inside without permission --- is that illegal? I'm actually not sure.

well, 'breaking and entering' in the US requires that something (i.e., the door) actually be broken in the process of entering the house...otherwise that charge doesn't apply.

Re: Accessing Publicly Available Information on the Internet Is Not a Crime

#96
post #70

Earlier quoted context omitted.

It is legal until you inform them they are trespassing and ask them to leave.

Where I live it is 100% legal to shoot them with no questions asked. 100% legal (castle doctrine) to shoot them, think about that for a minute, not generally legal to shoot someone engaging in a legal activity. --edit-- Also legal to shoot them through the door but probably not such a good plan...

No, you just think it is. The intruder must be there to commit a further crime, usually a violent one.

   An intruder must be making (or have made) an attempt to unlawfully or forcibly enter an occupied 
     residence, business, or vehicle.
   The intruder must be acting unlawfully (the castle doctrine does not allow a right to use force 
     against officers of the law, acting in the course of their legal duties).
   The occupant(s) of the home must reasonably believe the intruder intends to inflict serious bodily 
     harm or death upon an occupant of the home. Some states apply the Castle Doctrine if the occupant(s) of the home 
     reasonably believe the intruder intends to commit a lesser felony such as arson or burglary.
   The occupant(s) of the home must not have provoked or instigated an intrusion; or, provoked/instigated 
     an intruder's threat or use of deadly force.
https://en.wikipedia.org/wiki/Castle_doctrine#Conditions_of_...

Re: Accessing Publicly Available Information on the Internet Is Not a Crime

#97

> LinkedIn argues that imposing criminal liability for automated access of publicly available LinkedIn data would protect the privacy interests of LinkedIn users who decide to publish their information publicly, but that’s just not true Protect them from what, your unlocked front door ? [0][1] [0] "Hackers selling 117 million LinkedIn passwords" http://money.cnn.com/2016/05/19/technology/linkedin-hack/ind... [1] http…

> I'd also note that these companies are barely (if ever) held liable for life-compromising hacks on their platforms. You do know it is impossible to stop all cyber attacks? Its always a matter of when, not if. Zero day attacks are developed everyday with not even the best funded cyber security systems able to thwart them. The geniuses are on the offensive side, if they want in, they will get in.

You also can't stop all failures of infrastructure, but outside of computing, anyone calling themselves an engineer is generally required to hold to various ethical and professional standards or have their work signed off by someone who is.

Re: Accessing Publicly Available Information on the Internet Is Not a Crime

#98
post #49

Earlier quoted context omitted.

From my random perusal of the various reports of compromises over the last few years, my impression is not that organisations tend to get hacked using the latest zero-day vulnerability, but rather that organisations get hacked because they have glaring security holes that you could drive a double-decker bus through. For example, bcrypt has been around for how long now? And don't almost all the reports of hacks report…

I wish there was a "web security checklist" where if you ticked all the boxes, you can be pretty sure you have the well-known holes covered. This is why web frameworks are really useful, the decent ones get you way ahead in securing your application from the most common attacks. But if you self-bake, then you have to manage the entire complexity of the web platform.

OWASP top 10 is as close as it gets to a checklist: https://www.owasp.org/index.php/Category:OWASP_Top_Ten_Proje...

Re: Accessing Publicly Available Information on the Internet Is Not a Crime

#99
post #70

Earlier quoted context omitted.

It is legal until you inform them they are trespassing and ask them to leave.

Under UK law, trespassing is a civil not criminal matter and so by some definition it is not illegal.

Still illegal, just not a crime.

Re: Accessing Publicly Available Information on the Internet Is Not a Crime

#100
post #49

Earlier quoted context omitted.

From my random perusal of the various reports of compromises over the last few years, my impression is not that organisations tend to get hacked using the latest zero-day vulnerability, but rather that organisations get hacked because they have glaring security holes that you could drive a double-decker bus through. For example, bcrypt has been around for how long now? And don't almost all the reports of hacks report…

I wish there was a "web security checklist" where if you ticked all the boxes, you can be pretty sure you have the well-known holes covered. This is why web frameworks are really useful, the decent ones get you way ahead in securing your application from the most common attacks. But if you self-bake, then you have to manage the entire complexity of the web platform.

> I wish there was a "web security checklist"

https://www.owasp.org/index.php/Main_Page

https://www.stigviewer.com/stig/database_security_requiremen...

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