Port scanning is legal in the US:
Port scanning is a frequently used tool in network security analysis, involving examination of a remote computer without accessing its programs or data. The port scan used in Public Domain Scanner do not test login passwords, create a significant amount of traffic, or access or alter any data on the scanned computer. In that sense, a port scan is similar to observing a house from across the street, and perhaps knocking on its front door, but not entering even if the door is opened.
Only one published opinion has considered the legality of port scans. That court held that such activity did not violate federal or state computer protection statues or other law. The federal district court for the Northern District of Georgia held that a party who conducted port scans of another party's computer systems did not violate the Computer Fraud and Abuse Act (18 U.S.C. s. 1030) [1], because he neither caused damaged nor gained access to the computers at issue. Moulton v. VC3, 2000 WL 3331091 at *6 (N.D. Ga., Nov. 7, 2000). Nor did the port scans violate state law, because they did not interfere with computer or network activity.
References:
[1] The Computer Fraud and Abuse Act: <http://www.usdoj.gov:80/criminal/cybercrime/1030_new.html>
[2] Moulton v. VC3, 2000 WL 3331091 (N.D. Ga., Nov. 7, 2000)
[3] Computer Crime and Intellectual Property Section, U.S. Department of Justice, Legislative Analysis of the 1996 National Information Infrastructure Protection Act: <http://www.usdoj.gov:80/criminal/cybercrime/1030_anal.html>
[4] Computer Crime and Intellectual Property Section, U.S. Department of Justice, Field Guidance on New Authorities That Relate to Computer Crime and Electronic Evidence Enacted in the USA Patriot Act of 2001<http://www.usdoj.gov:80/criminal/cybercrime/PatriotAct.htm>

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8.5.:Re: <nettime> KR
8.5.: scan reports
9.5.: Server Migration US
Port scanning is legal in the US
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CRACKED ..Minds of concern::breakingnews...!!
May 12,2002
13.5.:New York Times Article
RE2: NYTIMES article
RE2: NYTIMES article
RE:3 NYTIMES article: KR
15.5.: wired article
[ thing] review
19.5.: Sonntagszeitung
13.6.: neural.it
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