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Date: Fri, 1 Dec 2006 06:52:27 -0600
From: "Dave Moore" <dave.j.moore@...il.com>
To: "Mike Huber" <michael.huber@...il.com>
Cc: full-disclosure@...ts.grok.org.uk
Subject: Re: Nmap Online

On 12/1/06, Mike Huber <michael.huber@...il.com> wrote:
> first of all, IANAL, but the TOS seem to cover the basics...  However, I am
> unsure whether they would hold up under strict legal scrutiny.  As far as I
> can tell, they may hold up under US criminal law, but not under civil law,
> as tort law has its own wonderful little eccentricities.  The best safeguard
> they seem to have is that they must log the source IP of all scan
> requests...  As far as I know, anyone who takes the time to read the nmap
> man page should be able to craft a scan which won't be detected by the
> scanned host (can someone be a definitive source on this point?), and anyone
> taking malicious action ought to be taking sufficient precautions to avoid
> detection anyway.  None-the-less, my 8-ball sees litigation in their future.

All nmap scans are detectable. All port scans are detectable. Just
depends on how hard you're looking.

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