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โš–๏ธ Authorisation, Ethics & Disclosure

Authorisation, Ethics and Disclosure

Not legal advice This module is general educational material written by engineers, not lawyers. Computer-crime law differs by country โ€” and often by state or province โ€” and it changes. If you are planning any testing that is not clearly within your own systems, get advice from a qualified lawyer in the relevant jurisdiction.

Authorisation is the whole difference

A port scan is a port scan. Nothing in the packets distinguishes a paid penetration test from an intrusion โ€” the technique, the tooling and the traffic are identical. The only difference is whether somebody with the authority to grant it said yes, in advance, in writing, for those specific systems.

The usual rationalisations do not work. "I was only looking." "The system was insecure anyway." "I meant to report it." "It was publicly reachable." None of these is a defence in most legal systems, and none changes what the target's logs show: an unknown party probing their infrastructure. Good intentions are invisible from the other side of the connection.

The general legal shape

Nearly every country has an unauthorised-access statute. A non-exhaustive, illustrative sample:

JurisdictionInstrument
United StatesComputer Fraud and Abuse Act, 18 U.S.C. ยง 1030, plus state computer-crime statutes
United KingdomComputer Misuse Act 1990
European UnionDirective 2013/40/EU on attacks against information systems, implemented in each member state's national law
CanadaCriminal Code, s. 342.1 (unauthorized use of a computer)
AustraliaCriminal Code Act 1995, Part 10.7 (computer offences)

Common threads, stated carefully: access without authorisation is the core offence; intent and damage usually affect severity rather than whether an offence occurred; and possession or distribution of tooling is treated differently in different countries, which is why the same software can be routine in one place and legally awkward in another. Courts also keep reinterpreting what phrases like "without authorisation" cover, so what was true five years ago may not be true now, or in the next country over.

Criminal law is not the only exposure. Terms of service, civil claims, your employer's acceptable-use policy and data-protection law can all apply to activity no prosecutor would ever look at. Breaking the specific terms of a bug-bounty programme, for instance, is usually what removes the safe harbour that made your testing permitted in the first place.

What real authorisation looks like

"Sure, go ahead" in a chat message is not authorisation. A usable engagement document answers all of the following before any traffic is sent:

ElementWhy it exists
Named legal entity and an authorised signatoryThe person signing must actually control the systems. A SaaS customer cannot authorise testing of the SaaS platform.
Explicit in-scope targets โ€” domains, IPs/CIDRs, URLs, app or account IDsAmbiguity is resolved against you, not for you.
Explicit out-of-scope listThird-party dependencies, shared infrastructure, production data stores, anything you must not touch.
Time window with dates, times and timezoneTesting outside the window is unauthorised testing.
Permitted and forbidden techniquesTypically: no denial of service, no social engineering or phishing, no physical access, no modification or destruction of data, no pivoting to third parties.
Test accounts and test dataSo you never need to touch a real user's account to prove an authorisation flaw.
Named technical and escalation contacts, plus out-of-band commsYou will need a human at 02:00, possibly on a channel that is not the network you are testing.
A stop conditionWho can call a halt, how, and what you do immediately when they do.
Third-party notificationCloud, hosting, CDN and WAF providers publish their own testing policies. The client cannot waive them on the provider's behalf.
Data handling and evidence destructionWhat you may retain, how it is encrypted, and when it is deleted.
Reporting format, deadline and confidentialityIncluding whether and when you may talk about the work publicly.

A minimal rules-of-engagement extract, in the form you should expect to see it:

SCOPE (in):    *.example.com  |  198.51.100.0/24  |  iOS app "Example" build 4.2
SCOPE (out):   payments.example.com (third-party processor)
               anything resolving outside 198.51.100.0/24
WINDOW:        2026-08-03 09:00 -- 2026-08-14 18:00 Europe/London
FORBIDDEN:     DoS / load testing, social engineering, physical, data modification
RATE LIMIT:    max 20 req/s per host; no automated scanning 08:00-10:00 (peak)
ACCOUNTS:      pentest1..pentest5 supplied; do not access other accounts
CONTACTS:      Security lead <sec-lead@example.com>, +44 ...  (Signal preferred)
STOP:          Either party may halt testing; confirm by phone, then email
ON FINDING PII: stop, do not download, record location only, notify within 1 hour
EVIDENCE:      encrypted at rest, destroyed 30 days after report acceptance

When you find something out of scope

It happens constantly: a wildcard in scope resolves to a third-party service, an in-scope host sits on a shared address, or an in-scope vulnerability opens a path into something that is not. The rule is boring and firm โ€” stop, do not explore further, document only what you already have, and report it through the agreed channel. Ask, in writing, before continuing. The instinct to "just confirm the impact" is exactly how an authorised test becomes an unauthorised one.

Bug bounty and safe harbour

Bug-bounty and vulnerability-disclosure programmes are standing authorisation โ€” but only on their own terms, and only for what the policy names. Read the policy first, in full, and note:

Reporting outside a formal programme is still normal and usually welcome, but the authorisation question does not disappear: finding a bug during ordinary use of a public service is different from probing for one.

Coordinated vulnerability disclosure

Coordinated vulnerability disclosure (CVD) is the mainstream model: report privately, give the vendor a reasonable window to fix, publish afterwards so everyone else can defend themselves. Full disclosure โ€” publishing immediately, without notice โ€” is a minority practice, occasionally justified when a vendor is unreachable or negligent, and it always trades users' short-term safety for pressure on the vendor. Choose deliberately, not out of irritation.

Typical published windows, for calibration (they vary and you should follow the policy you are actually operating under): CERT/CC's default disclosure policy is 45 days; Google's Project Zero uses 90 days plus a 30-day grace period after a fix ships; the Zero Day Initiative uses 120 days. There is no universal deadline โ€” what matters is that the timeline is stated up front and applied consistently.

Finding the right contact
  1. /.well-known/security.txt (RFC 9116) โ€” the standard place. Look up a domain's security.txt โ†’
  2. The security@ role mailbox (RFC 2142 defines it for exactly this).
  3. The vendor's PSIRT page, or a bug-bounty platform if they run one.
  4. A coordinator โ€” CERT/CC or your national CSIRT โ€” if the vendor is unreachable, if many vendors are affected, or if you need a neutral intermediary. A CVE Numbering Authority can assign an identifier.

A valid security.txt is small; Contact and Expires are the required fields:

# https://example.com/.well-known/security.txt
Contact: mailto:security@example.com
Contact: https://example.com/security/report
Expires: 2027-01-01T00:00:00.000Z
Encryption: https://example.com/pgp-key.txt
Preferred-Languages: en, de
Policy: https://example.com/security/policy
Acknowledgments: https://example.com/security/thanks
What a good report contains
When the vendor is hostile

Sometimes the response is silence, denial, or a lawyer's letter. Keep the moral and evidential high ground:

If you stumble into personal data

Sooner or later a proof of concept returns somebody's real name, address or medical record. At that moment your obligations change, and restraint matters more than speed:

The rules of this site

Plainly, so there is no ambiguity about what h4ck0r.com is:

Key takeaways
  • The technique is identical either way. Written authorisation from someone with the authority to give it is the entire difference between security testing and a crime.
  • Unauthorised-access laws exist nearly everywhere, differ in detail, and change. This is general education, not legal advice.
  • Real authorisation names the entity, targets, window, forbidden techniques, contacts and stop condition โ€” in writing, before any traffic.
  • Out of scope means stop and ask, not "just confirm the impact". Read the bounty policy first: safe harbour covers only what it says, and never binds third parties.
  • Report privately, state a remediation window, keep records, never trade silence for money, and escalate to a coordinator rather than retaliating.
  • If you find personal data: stop, do not exfiltrate, take minimum evidence, report fast, destroy what you hold.