Quantum Windbag
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- May 9, 2010
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This is something I have been thinking about for a while. For the non techies here who are not aware what dedicated denial of service (DDoS) is, it is essentially making a number of requests on a single webpage. The theory is that you eventually overwhelm the server that runs the webpage, causing it to be unavailable for anyone.
While this is obviously inconvenient, and does cause monetary loss if the page targeted is a commerce site, it does not involve getting any information from the targeted site, and does not even gain unauthorized access to the computer. all it does is deny other people access to said site.
Courts in Germany have actually ruled that a politically motivated DDoS attack is protected speech. Now a defendant in CA is making the same argument here.
Lawyer For Accused: DDoS Is A Legal Form Of Protest | Techdirt
I think he actually has a point. Either that, or Obama is guilty of a felony when he orders DDoS attacks on congressional switchboards.
While this is obviously inconvenient, and does cause monetary loss if the page targeted is a commerce site, it does not involve getting any information from the targeted site, and does not even gain unauthorized access to the computer. all it does is deny other people access to said site.
Courts in Germany have actually ruled that a politically motivated DDoS attack is protected speech. Now a defendant in CA is making the same argument here.
Last year, we discussed whether or not things like Operation Payback by Anonymous (DDoSing sites of organizations they didn't like) was really the equivalent of a modern-day sit-in protest, rather than a criminal hacking, as law enforcement (and victims) wanted to allege. It appears that this may be a question that courts are going to need to answer. Nick points us to the news that the lawyer for a homeless guy accused of setting up a DDoS on the City of Santa Cruz (he was pissed about a law) is claiming that DDoS attacks are legal and protected speech in the form of a protest:
Theres no such thing as a DDoS attack, Leiderman said. A DDoS is a protest, its a digital sit in. It is no different than physically occupying a space. Its not a crime, its speech.
Leiderman said the crimes shouldnt be prosecuted at all. Nothing was malicious, there was no malware, no Trojans. This was merely a digital sit in. It is no different from occupying the Woolworths lunch counter in the civil rights era.
Lawyer For Accused: DDoS Is A Legal Form Of Protest | Techdirt
I think he actually has a point. Either that, or Obama is guilty of a felony when he orders DDoS attacks on congressional switchboards.