Re: Interesting Ruling Regarding WiFi access

From: Michael Hale (eyeronic.design@gmail.com)
Date: Mon Jun 04 2007 - 14:04:49 EDT


Your analogy is flawed. A wireless network that does not use any
methods of controlling access. It does not have a door. It does not
have a fence. It does not have anything that says "Stay Out". That's
the problem, and that's why you should not go to jail.

On 6/3/07, Serg B. <sergicles@gmail.com> wrote:
> Perhaps I am missing the point here, but... An individual should
> simply not utilise a network that does not belong to them unless they
> have been allowed to do so.
>
> I tend to equate it to something like walking down the street and
> checking if each house/apartment has an open door. If I find an open
> door I will walk into the house and start using homeowners things
> without their permission.
>
> Of course the network owner could (and should) implement some sort of
> safety guards. However the person attempting to connect to the network
> must understand that this network does not belong to them and
> therefore they must make sure that they are allowed to use it or not.
>
>
> Serg
>
>
> On 04/06/07, stonewall <stonewall@cavtel.net> wrote:
> > Would it be hard for manufacturers to implement in the AP's
> > software a logon banner when you try to "connect" your XP
> > box to the AP (of course not)? "This wireless network and
> > Internet access are the property of Blah Blah's coffee shop,
> > and are for the use of our on-premises customers only. Any
> > other use is unauthorized and is subject to legal sanction"
> > (or some other suitable legal mumbo-jumbo). I thought there
> > was a consensus of sorts that such notification was more or
> > less considered "good practice", passed the "reasonable man"
> > test, and was a de facto standard.
> >
> > Recall, it wasn't that long ago that XP was configured BY
> > DEFAULT to connect automatically to the strongest wireless
> > signal it could find. That being said, it is no more stupid
> > to run an open access point than it is to connect to someone
> > else's without authorization. The trouble is, the only ones
> > who know this are folks in this business. The general
> > public has no clue. Arresting someone for this is
> > horsecrap.
> >
> > stonewall
> >
> > -----Original Message-----
> > From: listbounce@securityfocus.com [mailto:listbounce@securityfocus.com] On
> > Behalf Of Thor (Hammer of God)
> > Sent: Friday, June 01, 2007 10:21 PM
> > To: pen-test@securityfocus.com
> > Subject: Re: Interesting Ruling Regarding WiFi access
> >
> > Or just have the SSID start with "PUBLIC" or "PRIVATE" or use the same
> > nomenclature for the router name. Or dictate that broadcast SSID's are
> > public, and hidden SSID's are private.
> >
> > If it is going to be "law" then it needs to be simple enough for people to
> > understand. Ideally, the wifi router manufactures would build in a tag for
> > "private" or "public" and build the selection into the setup wizard. Hell,
> > that option could even drive market share.
> >
> > t
> >
> > ----- Original Message -----
> > From: "Kenneth Klinzman" <kklinzman@tektegrity.com>
> > To: <pen-test@securityfocus.com>
> > Sent: Friday, June 01, 2007 11:17 AM
> > Subject: RE: Interesting Ruling Regarding WiFi access
> >
> >
> > Very nice find!
> >
> > My office co-horts and I were having the same kind of discussion. It
> > seems like all it would take is a banner in the coffie shop saying
> > internet to customers only would be all it takes to make the argument
> > valid that they are informed. However, it is not like wireless stops at
> > the walls of the coffee shop like cabled connections would. So to know
> > it was for customers only would take the offender to have entered the
> > shop and seen the sign. Maybe some kind of portal page should be
> > required detailing the terms of use for wireless that users receive when
> > they first log in to the wireless. Either way the legality of using a
> > internet connection that does not belong to you and you know nothing
> > about is very grey area... Those of us who are mostly law abiding would
> > just assume it was wrong to do.
> >
> > -----Original Message-----
> > From: listbounce@securityfocus.com [mailto:listbounce@securityfocus.com]
> > On Behalf Of Jeffory Atkinson
> > Sent: Friday, June 01, 2007 10:19 AM
> > To: ebk_lists@hotmail.com; pen-test@securityfocus.com
> > Subject: RE: Interesting Ruling Regarding WiFi access
> >
> > Nice find,
> > Really make you think. Using free wireless is illegal but not if there
> > is a message saying public then it is not. Maybe I am not seeing the
> > whole picture but I believe the burden of notification is on the
> > owner/access point. This is the case in most states. Using the articles
> > example of a radar detector, if you travel in to the state of Virginia
> > you will clearly see the burden of notification in black and white on
> > sign stating they are illegal.
> >
> > I am curious to here other thoughts.
> >
> > JMA
> >
> > -----Original Message-----
> > From: listbounce@securityfocus.com [mailto:listbounce@securityfocus.com]
> > On Behalf Of ebk_lists@hotmail.com
> > Sent: Friday, June 01, 2007 12:43 PM
> > To: pen-test@securityfocus.com
> > Subject: Interesting Ruling Regarding WiFi access
> >
> > Given all of the discussion regarding wifi access and the legalities
> > surrounding it, I found this interesting:
> >
> > http://www.foxnews.com/story/0,2933,276720,00.html
> >
> > While I find the ruling in this circumstance a bit extreme, I think that
> > it is good that we are now getting some case law to back up what has
> > been up to this point mere speculation on what *may* happen in a court.
> >
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>
> --
> Serg
>
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>

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