On Information Attacks
Denial-of-service attacks are unlawful. That is, any non-consensual
and malicious or otherwise deliberate attack on computing equipment
and software which causes the equipment or software to malfunction, or
substantially degrades its utility, is not permitted, provided there
is inherently no possible defense which preserves the utility of the
system. It is a crime to cause procedures which have the above effect
to be embedded in software distributions, media, or otherwise made to
propagate.
No law can forbid as such, or provide penalties for as such, the
gaining of access to, and the use of, facilities or information which
is explicitly accessible, on an anonymous or access-controlled basis,
from common carrier networks. In making such accesses, the individual
is nonetheless firmly bound by the prohibition on denial-of-service
attacks, and by the terms enumerated in § Right to Secrecy.
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This is a preliminary draft. Pending changes are in The To-Do List