[Dshield] Question on appropriate university research

Valdis.Kletnieks at vt.edu Valdis.Kletnieks at vt.edu
Thu Sep 20 15:18:32 GMT 2007


On Wed, 19 Sep 2007 14:57:37 EDT, Brad Tilley said:
> And what exactly are the *damages* from the port scan. They can't just
> sue b/c of the port scan. They would have to demonstrate and quantify
> the damages caused by that scan. If they cannot do that... they can't sue.

Part of the case law established by Moulton v VC3 was that you *can't* use
the costs of investigating/recovering from a mere portscan as "damages" to
meet the $5K requirement in 18 USC 1030.  Given that, you'd probably have a
hard time getting it to stick if you filed a civil suit....
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