OSINT - What is Legal and Illegal?

See this enlightening presentation "OSINT - Beyond the Basics" https://plus.google.com/102547242489714347729/posts/4TcARKcuYHa It describes advanced tools and methods for #OSINT (open source intelligence gathering), including aggressive probing of the network infrastructure belonging to an enterprise about which intelligence is being gathered.

The presenters state upfront that they are not lawyers and that some of the techniques they describe might be illegal.

One factor in whether OSINT is legal is this: Does the infrastructure being probed publish any notices, banners or terms of service that forbid or regulate any of the specific actions performed by the OSINT #investigator? For example, a web page might say that if you make a copy of the page, you agree to pay the web site owner $1000.

What do you think?

--Benjamin Wright

Mr. Wright teaches the law of data security and investigations at the SANS Institute.
Shared publicly