Re: Computer Misuse Act

On Wed, 19 Oct 2005 17:15:25 +0100, Alex Heney <me8@xxxxxxxxxxx>
wrote:


>I would say that the "implied" authorisation is only present for the
>pages that are published to DNS servers, or that can be accessed by
>links deliberately placed on those pages.
>
>Searching manually for other directories on the server is not, IMO,
>authorised by implication, and that is what he was doing.
>
>But the law *really* needs updating to cater properly for the
>internet.

I disagree entirely. DNS simply converts from a domain name to an IP
address. It has nothing to do with the publication of a web page
whatsoever. The IP address you have been allocated for your private
PC quite possibly has a DNS entry, but that does *not* imply that you
are authorising the general public to access any information it
contains.

ISTM that all *normal* access to any web page will be via a URL that
has been published somewhere. You may have got the URL from a TV
advert, or from the back of a lorry, or from a search engine, or from
a link that is embedded in a different web page, but nobody using the
web normally will start off by entering a complete path name that has
been guessed at.

In all respects, using a browser in that way is totally in accordance
with the current law because authorisation has been granted by
publishing the URL (and thus inviting all comers to use it).

The only time I would say that it is OK to simply guess a URL is when
you enter the most logical name for a company's URL, and that would be
*without* appending any path to the guessed DNS name, so that the
server (if it exists) will respond by delivering its default home
page. e.g. www.acme.com or www.widget-maker.co.uk etc.

Even so, I have found that there are so many possible permutations,
and so many domain names that are used by people other than the
obvious, that it is quicker to enter the company name into a search
engine than attempt to guess its URL.

--
Cynic

.

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