Port scanning - do we know any Polish cases?

There will be more and more such doubts.It is worth - I think - recall a fragment of the letter that I received from one of the readers.It's about "port scanning".The Act does not speak of "port scanning", they say about reading the information not intended for a given person along with some further conditions.They talk about the use of special devices for a specific purpose...Once again, you can ask the question about "breaking" the security that was not there.You can also ask the question about the use of "hacker tools" by computer system administrators.

Each system administrator, to perform his duties correctly, must use certain IT tools.The idea is to have a certain instrumentation that allows you to perform your work.Such tools are also widely available also for people who do not practice a specific profession.Anyway - practicing a profession is a conventional category (today it is difficult to say what the profession is done, because more and more often one person performs different professions).For some simplification, I quote Wikipedia: "Port scanning is an action involving the sending of ICMP, TCP or UDP packages to the system or systems (any type: computers, printers, routes) available by the TCP/IP network to check open ports and available services".Port scanning is such a "tapping", with the effect of such tapping can give us interesting knowledge about the system that is abandoned.

I received the following letter:

The Polish Act provides for in Article.267 § 1.KK, that the fine, the penalty of restriction of liberty or deprivation of liberty for two years is the one, "who without authority obtains information not intended for it, opening a closed letter, connecting to a cable used to provide information or by breaking electronic, magnetic or other special protection of it".In § 2 of this provision, there is a situation in which someone acting "in order to obtain information to which it is not entitled, assumes or uses an eavesdropping, visual or other special device".

Port scanning.Like a natural activity.If I was not entitled to obtain information that the system will provide me as a result of scanning of ports, then the ports will be closed and the system itself will be sealed.So if I find out what services operate on a remote system, if I find out what operating system works there, in what versions are the services installed, do I commit a crime?Can port scan software be considered a special device referred to in the cited provision?

Do you know cases where someone in Poland has been charged with "port scanning"?

The question about art also.269b of the Penal Code (LEG.below, in links)

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