Law on Hacking tool...
 
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Law on Hacking tools.

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(@research1)
Estimable Member
Joined: 17 years ago
Posts: 165
Topic starter  

Correct me if I am wrong, which I very well may be!

I'm sure there is a law(UK), prohibiting people from creating any form of hacking tool, if its purpose is malicious.

Does anyone have any references to a particular law this covers?

Regards,


   
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(@pragmatopian)
Estimable Member
Joined: 16 years ago
Posts: 154
 

Google is your friend ) "law hacking tools uk" turned up this

http//www.theregister.co.uk/2008/11/14/dos_criminalised/


   
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(@research1)
Estimable Member
Joined: 17 years ago
Posts: 165
Topic starter  

Thanks pragmatopian ).

I am aware of the computer misuse act, but what I'm looking for is the possession of said tools, rather than usage (for now).


   
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JonN
 JonN
(@jonn)
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Joined: 20 years ago
Posts: 73
 

It depends whether you mean creating or possessing, that difference alone changes the question significantly.

The Computer Misuse Act 1990 was amended by the Police and Justice Act 2006, which introduced section 3A. This talks about the 'making, supplying or obtaining of articles for use in an offence under s. 1 or 3'

If you read that section the important words in them are about 'intending', 'believing' and 'with a view to' committing or assisting in the commission of an offence. These would all be points that the prosecution would need to prove.

So if you are asking about whether there is legislation that covers the creation of a tool, this may cover it, but if you are asking about legislation covering possession, AFAIK there isn't any.

Hope this helps


   
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jhup
 jhup
(@jhup)
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Joined: 16 years ago
Posts: 1442
 

Mind reading.


   
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(@kovar)
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Joined: 18 years ago
Posts: 805
 

Greetings,

Are you thinking, perhaps, of Germany? They have laws prohibiting the possession of "hacker tools", which includes things like nmap. Google for "Germany hacker tools illegal" for a lot of discussion back in 2007 about it.

-David


   
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digintel
(@digintel)
Trusted Member
Joined: 17 years ago
Posts: 51
 

Greetings,

Are you thinking, perhaps, of Germany? They have laws prohibiting the possession of "hacker tools", which includes things like nmap. Google for "Germany hacker tools illegal" for a lot of discussion back in 2007 about it.

-David

Kovar, memories!

I remember that Phenoelit.de, a german site that supplied very fine pentesting tools, shut down because of that same law. There is now a site in the Netherlands that offers the same tools..

Their old site still carries this message

Farewell
Honored visitor of phenoelit.de. Much to our regret, this site is no longer available in the form it has been since the late 1990s. It became illegal.

Background
In June 2007, the German parliament passed changes to the computer crime laws, including §202c StGB, which states (unapproved translation)
Whoever prepares a crime according to §202a or §202b and who creates, obtains or provides access to, sells, yields, distributes or otherwise allows access to

* passwords or other access codes, that allow access to data or
* computer programs whose aim is to commit a crime

will be punished with up to one year jail or a fine.
Additionally, this new section is interwoven with other laws, including the ones covering terrorism. The current interpretation includes the acceptance of others committing a crime using your (or our) material as violation of §202c.

- Roland


   
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(@research1)
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Joined: 17 years ago
Posts: 165
Topic starter  

Thank-you all for your thoughts!

I did hear about Germany having that Law. In the UK, i'm sure its part of the counter terrorism act, will need to do some research.

To clear it up, I am looking for specifics for possession only, and also usage with intent.


   
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