EVERYTHING about Booters (and CloudFlare)
Mark Andrews
marka at isc.org
Thu Jul 28 01:34:00 UTC 2016
In message <31450.1469667681 at turing-police.cc.vt.edu>, Valdis.Kletnieks at vt.edu
writes:
> On Thu, 28 Jul 2016 10:48:47 +1000, Mark Andrews said:
>
> > As soon as a transaction takes place, conspiricy to harm <X> by
> > <Y>. If the DoS actually occurs you can add additional charges for
> > the actual actions.
>
> If the claim is that a law has been broken, you have to show that <Y> is
> actually a crime in the jurisdiction involved. If it's a civil claim, in
> general only <X> will have standing to actually file suit. That's a big chun
> k
> of the problem - the gamer who ticked off another gamer and got DDoSed doesn'
> t
> have the knowledge, time, or resources to file a claim that will actually
> accomplish anything, and nobody else can file the claim on their behalf.
There have always been plenty of laws to cover DoS attacks. You
don't need "with a computer" in the law. You just need to apply
existing laws.
> > This is no different conceptually to hiring a thug to take a baseball
> > bat to a place. You can be charged for consipiricy to commit a
> > crime even if the crime does not occur.
>
> Bringing a baseball bat to a place isn't usually in and of itself
> illegal. Thug A may bring a bat to someplace, but absent evidence that
> Thug B will then use said bat for nefarious purposes, you're still left
> with nothing. You have to draw *all* the dots, Mark. :)
It's the hiring that triggers the conspircy. The crime has been
committed the moment there is agreement to perform the act.
Mark
--
Mark Andrews, ISC
1 Seymour St., Dundas Valley, NSW 2117, Australia
PHONE: +61 2 9871 4742 INTERNET: marka at isc.org
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