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I have a question about the legal aspects of scanning a network. I am having a mild debate with a friend of mine about this and I thought that scanning was illegal, he says it is not. Neither of us know for sure so we decided to bring the discussion here. Would anyone like to help us settle the debate? Thank you.
I was under the assumption that scanning is only allowed if you have permission, either from the Network admin or the ISP, mabey both....
The legality of scanning is dependent on the area you live in.
http://online.securityfocus.com/news/126
http://online.securityfocus.com/news/56
http://slashdot.org/articles/01/06/10/209201.shtml
So you would need to check with the local authorities and your AUP (Acceptable Use Policy) of your ISP.
excellent, thank you very much.
Well,Intresting, Ive alwese been under the strick impression its leagle as long as its consenting and for security purpouses.....as it is not uncommon for a friend to ask Me to check his system,and I do so...shrugs...well...hmmmm...nothin happen causein pigs to come rolling up or ISP shutting eather of us down...or Me being fired....or Him....
I'm glad 2 live in the Netherlands where anything non intrusive is legal.
I like to Nmap ppl, send them the output in mail and warn them...
Some companys give U freebies if U do it right..
But anything else then scanning... Big NO NO
I was under the impression that scanning isnt illegal (in Australia anyway).
But I do know of a few ISP's that wont allow any form of scanning, and have cancelled users Internet accounts for scanning.
Some ISP's strictly prohibit scanning in their TOS agreements - when they detect a violation of that agreement, they take the actions set forth in the agreements. Before performing scans of any kind (unless on your own network), it would be a good idea to read over the agreement you have with your ISP to determine their views on scanning.
http://www.webopedia.com/TERM/P/port_scanning.html
There's a link to help clear things up a bit. The last I heard...strictly scanning ports is not illegal...
But if one invades a server/system in order to gain information that is not gleaned by the port scan by itself, is illegal. Forinstance, one can easily obtain the aforementioned server/system's software/version/etc through a simple scan. Any INVASION into that system/server based on the gleaned information is illegal.
Basically, it's all about intent.
Ouroboros
Quote:
Originally posted by Soggybottom
I was under the impression that scanning isnt illegal (in Australia anyway).
I beg to differ. I use a local Sydney ISP and the fascist bastards disconnect me and send me a nasty email every time I run a port scan.
Just to be safe. Do as some have sugested. Contact your ISP and ask them if it's allowed in their TOS. If it is, ask them how they react to complaints from people you inadvertantly may scan. It all boils down to your ISP. My ISP forbids it. But I got a commercial account and talked to them and told them what I do and I would be using remote tools, port scanners and the such. They were understanding and said no problem. Just be sure to get an email or something in writing if they give you the ok for it. Remember, two things in IT are set in stone.
1. Backup, backup, backup.
2.CYA (cover your a$$), document everything and save all corespondance.
Apoclypse, that was some of the best advice i've heard all year.
Ok Well I tend to script the convo....but He the one that requests the scans..bout once a week....so I think Im fairlysafe...Lets Hope anyway....shrugs....