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Come on, I counted the list of ports. Thirty eight ports. So if we are using a full TCP connect scan your looking at approximately 60-78 bytes per packet, 3 packets per port, about 8.5k of traffic.
Fair enough and only if they do one. What if other ISPs started doing this as well? And why 38 ports? Why not just scan for port 25 (since the concern is Spam Relay)? Why are they scanning all those ports? Fair enough they are saying Proxy but last I checked 23 wasn't proxy. So why not include 21 (FTP Bounce) or 22 (ssh hijacking)? or 12345/12346 (trojan)?
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If someone on your network connects to an IRC server, and the IRC server performs a proxy check back, are you going to sue them too?
I never suggested suing them. I do however think that it's unnecessary. They are not the Internet police. It was not asked of them to do this. And, what stops them from going further than just a simple TCP Connect() scan? I know they say that they aren't interested in anything that DjM or others have but I have seen some scans cause machines to crash. Will they take responsibility for the potential DoS from that?