You should read the decision at http://www.spamsuite.com/node/351 I think what may really be in question here is what does and what does not constitute hacking. Is a port scan hacking? I guess it depends on the context of which you are using it. How about running telnet and ssh against each open port you find to see which give you a login prompt? Is just doing that hacking? Is there a real-world valid reason you would do so against the average server as a general member of the public? I don't think so, but is that really hacking and should you be charged with a crime for it? I'm not really sure. I would like to see judges error on the side of caution on such matter until legislation can be passed that has caught up with the times though.
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You should read the decision at http://www.spamsuite.com/node/351 I think what may really be in question here is what does and what does not constitute hacking. Is a port scan hacking? I guess it depends on the context of which you are using it. How about running telnet and ssh against each open port you find to see which give you a login prompt? Is just doing that hacking? Is there a real-world valid reason you would do so against the average server as a general member of the public? I don't think so, but is that really hacking and should you be charged with a crime for it? I'm not really sure. I would like to see judges error on the side of caution on such matter until legislation can be passed that has caught up with the times though.