Re: And what about computer misuse?
Just nmapping is a crime, I think
Ah, but here's your second problem: evidence. If a basic home network is set up with tools that detect and log an nmap scan, the very fact that there is traffic logging and detecting needs to have been communicated to the user, or ye olde landlord may end up aiming both barrels at his own undercarriage if he/she/it tries to report such a "crime" - after all, said user could simply have a virus infection, especially if they use Windows like +99% of home users.
Infections are now a bit more intelligent, but, for instance, the ILoveYou virus was broadcasting like a maniac while it was trying to infect other hosts on the network, that's why it was so easy to spot on simple tools like etherape, even on the other side of a switch.
Not that the world isn't replete with idiots, but I would *love* to see that one bounce around a bit in court.