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Originally Posted by Snaqwells
The thing to remember is an illegal screen may be illegal without contact, but it can't be penalized until contact occurs.
Similarly, illegal contact doesn't become a foul until there's an advantage or displacement. Just because it's "illegal" doesn't, by itself, mean it's a foul.
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Thanks for setting me straight with all the replies - all very appreciated. Since 4-40 defines a legal screen, any screen violating that definition is illegal, so a screen from the backside without contact would be illegal.
This means that players should really be aware of the need to make contact with an illegal screener rather than worm their way around them... I guess that's similar to a shooter who contorts to shoot around a defender whose arms are extended over the shooter's space - the shooter should be aware of the foul opportunity and make sure to create contact on the shot.