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Message-ID: <6757.1266871528@localhost>
Date: Mon, 22 Feb 2010 15:45:28 -0500
From: Valdis.Kletnieks@...edu
To: Benji <me@...ji.com>
Cc: full-disclosure@...ts.grok.org.uk
Subject: Re: ACM.ORG data leak still there 4 days after
	announcing to CEO John White

On Mon, 22 Feb 2010 20:19:44 GMT, Benji said:

> Does that just cover fraud? Surely a database injection counts as
> unauthorised access?
> 
> Does this mean that now anyone can start injecting websites and extracting
> data, and aslong as they dont use the data to 'commit fraud or dislose
> national secrets', or albeit, it cant be proved, that person is safe?

That's a gray area. Intent does matter:

"naked" - not wearing any clothes.
"nekkid" - naked and up to something.

Do you want to bet 3-5 in the pen that the DA won't be able to convince a jury
you didn't have intent? 

That's why it's always recommended you have a written "Get out of jail free"
card when doing a pen test - that significantly raises the bar to proving you
were up to no good.




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